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HomeMy WebLinkAboutMC-1393 Adopted: December 2, 2013 Effective: January 2, 2014 ORDINANCE NO. Mc-1393 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION 3 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT 4 CODE, TO ENSURE CONSISTENCY AMONG THE VARIOUS CODE CHAPTERS AND SECTIONS, TO ENSURE CONSISTENCY WITH THE NEW ZONING AND 5 GENERAL PLAN LAND USE MAPS, AND AMENDING THE SIGN ORDINANCE (CHAPTER 19.22) TO ALLOW AN ADDITIONAL FREE-STANDING SIGN UNDER 6 CERTAIN CIRCUMSTANCES 7 WHEREAS, the current Development Code was initially implemented in 1991, and 8 since that time, many amendments have been made throughout the document; and 9 10 WHEREAS, amendments that were made to one section of the Development Code may not have been made to others, resulting in inconsistencies among the various parts of the 11 Code; and 12 13 WHEREAS, since 1991, there has been a need to update the Development Code with 14 regard to the regulations of other agencies, particularly the state of California (i.e., with regard 15 to laws governing the permitting of solar energy projects and handicap-accessible parking), new types of businesses that may not have previously been considered, etc.; and 16 17 WHEREAS, this in turn, has resulted in portions of the Development Code becoming 18 difficult to enforce, which can result in misinformation and a loss of consistent, high quality 19 customer service; and 20 WHEREAS, in September and October 2012, staff presented the first round of 21 Development Code clean-up items to the Planning Commission for recommendation to the 22 Mayor and Common Council, which was subsequently approved by the Mayor and Common 23 Council and which took effect in December 2012; and 24 25 WHEREAS, on January 23, 2013, the Planning Commission recommended to the Mayor and Common Council approval of a City-initiated request to establish separate Zoning 26 and General Plan Land Use maps, which was subsequently approved by the Mayor and 27 Common Council and which took effect in April 2013; and 28 1 MC-1393 1 WHEREAS, on September 4, 2013 the Legislative Review Committee (LRC) Chair, lacking a quorum, directed that the item be moved to the Planning Commission and Mayor 2 and Common Council that the proposed amendments (Attachment A) be moved to the 3 Planning Commission; and 4 5 WHEREAS, on September 18, 2013, the Planning Commission of the City of San 6 Bernardino held a noticed public hearing to consider public testimony and the staff reports recommending proposed amendments to the City Municipal Code, and unanimously recommended approval of the proposed Development Code Amendments to the Mayor and 8 Common Council; and 9 10 WHEREAS, notice of the public hearing for the Mayor and Common Council's 11 consideration of the proposed Ordinance was published in The Sun newspaper on October 31, 2012. 12 13 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 14 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 16 BERNARDINO DO ORDAIN AS FOLLOWS: 17 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals 18 are true and hereby adopts and incorporates them herein. 19 SECTION 2. Findings of Fact. 20 A. The proposed amendment is consistent with the General Plan. In April 2013, 21 the City established separate General Plan Land Use and Zoning Maps. The General Plan and 22 its associated Land Use Map established general land use district classifications, such as 23 single-family residential, multi-family residential, commercial, etc., while the districts, or 24 zones, depicted on the Zoning Map are sub-categories of the primary land use district 25 categories noted on the General Plan Land Use Map. For example, the Residential Estate (RE), Residential Low (RL), Residential Suburban (RS) and Residential Urban (RU) zoning 26 districts are sub-categories of the Single-Family land use category on the Land Use Map. The 27 proposed Amendment will ensure that the General Plan and Development Code documents, as 28 2 MC-1393 1 well as the General Plan Land Use Map and Zoning Map are consistent with each other as a result of the separation of the Zoning and Land Use Maps. 2 3 B. The proposed amendment would not be detrimental to the public interest, 4 health, safety, convenience, or welfare of the City. The proposed amendment by itself will not directly result in new development (other than accessory signs on specific properties) and 5 therefore, will not be detrimental to the public health or safety. The proposed amendment will 6 eliminate inconsistencies found throughout the Development Code. These revisions to the 7 Code will enable City staff to process Development Code-related inquiries and development 8 applications more effectively and efficiently, and will make the Code more user-friendly, thus 9 improving upon the public interest, convenience and welfare in the City. 10 SECTION 3. The amendments to Title 19 of the San Bernardino Municipal Code, 11 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code 12 attached hereto as Exhibit A, and incorporated herein by reference, are hereby approved. 13 SECTION 4. Compliance with the California Environmental Quality Act: The 14 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the 15 Municipal Code (Development Code) is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will 16 not result in a direct or reasonably foreseeable indirect physical change in the environment. 17 18 SECTION S. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be 19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 21 part thereof. The Mayor and Common Council hereby declares that it would have adopted 22 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 23 clauses, or phrases be declared unconstitutional, invalid, or ineffective. /// 24 25 Ill 26 /// 27 /// 28 3 MC-1393 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF 1 THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION 2 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT CODE, TO ENSURE CONSISTENCY AMONG THE VARIOUS CODE CHAPTERS 3 AND SECTIONS, TO ENSURE CONSISTENCY WITH THE NEW ZONING AND 4 GENERAL PLAN LAND USE MAPS, AND AMENDING THE SIGN ORDINANCE (CHAPTER 19.22) TO ALLOW AN ADDITIONAL FREE-STANDING SIGN UNDER 5 CERTAIN CIRCUMSTANCES 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at aj oint regular meeting thereof, held 8 on the 2nd day of December , 2013, by the following vote to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 JENKINS x 13 VALDIVIA x 14 SHORETT x 15 16 VACANT 17 JOHNSON x 18 MULVIHILL x 19 4Ir� 20 Georgea Hanna, City Clerk 21 The foregoing Ordinance is hereby approved this �3 day of December 22 2013. 23 4i0;..� _may 24 'orris, Mayo 25 Approved as to form: City o an Bernardino Gary D. Saenz, 26 City Attorney 27 By: G : c -� 28 4 ATTACHMENT A Page 1 TITLE 19 LAND USE/SUBDIVISION REGULATIONS CHAPTER PAGE Article I-General Provisions 19.02 Basic Provisions I-19.02-1 19.02.010 Title I-19.02-1 19.02.020 Purpose I-19.02-1 19.02.030 Authority and General Plan Consistency I-19.02-2 19.02.040 Review Authorities I-19.02-2 19.02.050 Definitions I-19.02-7 19.02.060 Establishment of Zones I-19.02-29 19.02.070 General Requirements I-19.02-30 19.02.080 Density and Intensity I-19.02-32 19.02.090 Severability I-19.02-32 Article II - Zones 19.04 Residential Zones II-19.04-1 (Includes RE,RL,RS,RU,RM,RMH and RH) 19.06 Commercial Zones II-19.06-1 (Includes CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, CR-4, and CH) 19.08 Industrial Zones II-19.08-1 (Includes OIP, IL, IR, and IE) 19.10 Special Purpose Zones II-19.10-1 (Includes PCR,PF,PFC,PP) 19.10-E Emergency Shelter Overlay Zone II-19.10-E-1 19.11 Tri City Corporate Centre Overlay Zone II-19.11-1 19.12 Airport Overlay Districts II-19.12-1 19.12A A(Airport)Zone II-19.12A-1 19.13 Central City South Zones(Includes CCS-1, 2 &3) II-19.13-1 19.14 Freeway Corridor Overlay Zone II-19.14-1 19.15 Foothill Fire Zones Overlay Zone II-19.15-1 19.16 Flood Plain Overlay Zone II-19.16-1 19.17 Hillside Management Overlay Zone II-19.17-1 19.18 Historic Preservation Overlay Zone II-19.18-1 19.19 Main Street Overlay Zone 11-19.19-1 19.19A Transit Overlay District(TD)Zone II-19.19-A-1 ATTACHMENT A Page 2 ARTICLE I - GENERAL PROVISIONS CHAPTER 19.02 BASIC PROVISIONS Section Page 19.02.010 Title I-19.02-1 19.02.020 Purpose I-19.02-1 19.02.030 Authority and General Plan Consistency I-19.02-2 19.02.040 Review Authorities I-19.02-2 19.02.050 Definitions I-19.02-7 19.02.060 Establishment of Zones 1-19.02-29 19.02.070 General Requirements I-19.02-30 19.02.080 Density and Intensity I-19.02-32 19.02.090 Severability 1-19.02-32 19.02.020 PURPOSE The purpose of this Development Code is to promote the public health, safety, general welfare and preserve and enhance the aesthetic quality of the City by providing regulations to ensure an appropriate mix of land uses in an orderly manner. In furtherance of this purpose, the City desires to achieve a pattern and distribution of land uses which generally: 1. Retain and enhance established residential neighborhoods, commercial and industrial zones, regional-serving uses,recreation and amenities. 19.02.040 REVIEW AUTHORITIES 2. PLANNING COMMISSION C. POWERS Final approval for Variances, Specified Development Permits, Conditional Use Permits, Tentative Tract Maps, Reversions to Acreage, and Vesting Tentative Tract Maps subject to appeal to the Mayor and Common Council. Also, the Commission recommends to the Mayor and Common Council for final determination on the following entitlements: Specific Plans, General Plan Amendments, Development Code Amendments, Development Agreements and Surface Mining and Land Reclamation Plans. The Commission may also impose conditions of approval or ATTACHMENT A Page 3 make interpretations of the General Plan which may be appealed to the Mayor and Common Council. MC 789 6/3/91 3. DIRECTOR OF COMMUNITY DEVELOPMENT A. APPOINTMENT The Director of Community Development shall be appointed by the Mayor and Common Council. B. DUTIES The Director shall perform the duties and functions provided in this Development Code, in addition to the day-to-day and long range management of the Community Development Department. This includes the acceptance and processing of all land use permit applications (i.e. variances, development permits,tract maps, etc.). C. POWERS Final approval authority for and enforcement of: Building Permits, Certificates of Occupancy, Specified Development Permits, Lot Line or Boundary Adjustments, Home Occupation Permits, Minor Exceptions, Minor Modifications, Sign Permits, Similar Use Determinations, Temporary Use Permits. All of the above except Building Permits and Certificates of Occupancy are subject to appeal to the Planning Commission. The Director may impose conditions of approval or make interpretations of this Development Code, which may be appealed to the Planning Commission. MC 789 6/3/91 4. DEVELOPMENT REVIEW COMMITTEE (DRC) C. POWERS Final approval authority for: specified Development Permits, Tentative Parcel Maps, design review and adoption of Negative Declarations, subject to appeal to the Planning Commission. The DRC may impose conditions of approval. 6. CITY ENGINEER The City Engineer shall be responsible for the following: ATTACHMENT A Page 4 19.02.050 DEFINITIONS Director. The Director of the San Bernardino Community Development Department, hereinafter referred to as "Director" or designee. General Plan Land Use District. A portion of the City, as identified on the City's General Plan Land Use Map, within which certain uses of land are defined and specified. Permitted Use. Any use allowed in a zone and subject to the provisions applicable to that district. Zone. A portion of the City within which certain uses of land and structures are defined, and regulations are specified. 19.02.060 ESTABLISHMENT OF ZONES 1. ESTABLISHMENT OF ZONES San Bernardino shall be divided into zones which consistently implement the General Plan. The following zoning districts are established: MC 1381 12/19/12 RE (Residential Estate)Zone RL (Residential Low)Zone RS (Residential Suburban)Zone RU (Residential Urban)Zone RM (Residential Medium)Zone RMH (Residential Medium-High)Zone RH (Residential High)Zone CO (Commercial Office)Zone CG-1 (Commercial General)Zone CG-2 (Commercial General-2)Zone CG-3 (Commercial General-3)Zone CR-1 (Commercial Regional-Malls)Zone CR-2 (Commercial Regional-Downtown)Zone CR-3 (Commercial Regional-Tri-City/Club)Zone CR-4 (Commercial Regional-Auto Plaza)Zone CH (Commercial Heavy) Zone CCS-1 (Central City South-1)Zone CCS-2 (Central City South-2)Zone OW (Office Industrial Park)Zone IL (Industrial Light)Zone IH (Industrial Heavy)Zone IE (Industrial Extractive)Zone OS (Open Space)Zone PCR (Public/Commercial Recreation)Zone PF (Public Facility) Zone ATTACHMENT A Page 5 PFC (Public Flood Control)Zone PP (Public Park)Zone SP (Specific Plan)District A (Airport Overlay)District(AD-I, AD-II, AD-III, AD-IV,AD-V) FC (Freeway Corridor Overlay)Zone FF (Foothill Fire Zones Overlay)Zone(Zones A,B, and C) FP (Flood Plain Overlay) Zone HM (Hillside Management Overlay)Zone HP (Historic Preservation Overlay)Zone MS (Main Street Overlay)Zone RSH (Residential Student Housing)Zone TD Transit Overlay District Zone UBP (University Business Park)Zone(UBP-1,UBP-2,UBP-3) 3. RULES APPLYING TO UNCERTAIN BOUNDARIES ON ZONING MAP C. Where any public right-of-way is officially vacated or abandoned, the zoning regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way. SECTION 19.02.070 - GENERAL REQUIREMENTS 3. SIMILAR USES PERMITTED D. The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the zone in which it is to be located. ARTICLE II - ZONES CHAPTER 19.04 RESIDENTIAL ZONES Section Page 19.04.010 Purpose II-19.04-1 19.04.020 Permitted,Development Permitted, and Conditionally Permitted Uses II-19.04-4 19.04.030 Development Standards II-19.04-6 19.04.040 Applicable Regulations 11-19.04-33 ATTACHMENT A Page 6 Tables 04.01 Permitted,Development Permitted, and Conditionally Permitted Uses II-19.04-4 04.02 Residential Development Standards II-19.04-7 04.03 Residential Zones Specific Standards II-19.04-12 Guidelines G19.04.050 Residential Development Design Guidelines II-G19.04-1 19.04.010 PURPOSE G. Single-family dwelling units which legally existed in the residential zones prior to June 3, 1991 may remain as a permitted use. MC 823 3/5/92 2. The purpose of the individual residential land use districts is as follows: A. RE (RESIDENTIAL ESTATE) ZONE This zone is intended for low density residential units located on large lots and conveying an"estate" character with a minimum lot size of 1 net acre per unit. B. RL (RESIDENTIAL LOW) ZONE This zone is intended to promote the development of low-density, large lot, single- family detached residential units with a minimum average lot size of 10,800 square feet. The RL zone allows a maximum density of 3.1 units per net acre. C. RS (RESIDENTIAL SUBURBAN)ZONE This zone is intended to promote the development of single-family detached units in a suburban setting with a minimum lot size of 7,200 square feet, and a maximum density of 4.5 units per net acre. D. RU (RESIDENTIAL URBAN) ZONE This zone is intended to promote the development of detached and attached units, duplex, mobile home parks, and small lot subdivisions as part of a planned residential development where the intent is to consolidate lots to achieve maximum open space. The RU zone requires a minimum lot size of 7,200 square feet. However, on existing lots of record, recorded prior to June 2, 1989, a minimum lot area of 6,200 square feet and existing lot widths and depths are permitted. The RU zone allows a maximum density of 8 units per net acre, and permits the development of senior citizen and senior congregate care housing at a maximum density of 12 ATTACHMENT A Page 7 units per net acre with a marketing feasibility study and a conversion plan. Multi- family units which legally existed in the RU zone prior to June 3, 1991, may remain as a permitted use. MC 821 2/17/92 E. RESIDENTIAL MULTI-FAMILY ZONES These zones are intended to promote the development of multi-family townhomes, condominiums, and apartments. All multi-family zones require a reduced density if the minimum lot size for the zone is not met, and shall comply with maximum densities provided in Table 04.02. Multi-family units which legally existed in the multi-family zones prior to June 3, 1991,may remain as a permitted use. MC 821 2/17/92 1. RM(Residential Medium) Zone This zone requires a minimum lot size of 14,400 square feet with a maximum density of 12 units per net acre. Parcels less than 14,400 square feet in area shall be developed at RU density. 2. RMH (Residential Medium High) Zone This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 units per net acre. Lots 14,400-20,000 square feet shall be development at RM density. Lots less than 14,400 square feet shall be developed at RU density. 3. RH (Residential High) Zone This zone requires a minimum lot size of 20,000 square feet with a maximum density of 31 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM density. Lots less than 14,400 square feet shall be developed at RU density. All multi-family zones listed above permit the development of senior citizen and senior congregate care housing at a density up to 50% greater than that allowed in the zone with a marketing feasibility study and a conversion plan. 4. RSH (Residential Student Housing) Zone This overlay zone is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density ATTACHMENT A Page 8 of 20 units per acre and with no more than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06. In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying zone policies and standards. 19.04.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES TABLE 04.01 PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES RM LAND USE ACTIVITY RE RL RS RU RM RH H 1. Residential Uses M. Second Dwelling Unite p P P P P P P P 4. Recreational Uses D. Swimming Pool/Spa P P P P P P P P 5. Accessory Uses E. Guest Houses2 P P P P X X X X 2 MC 1381 12/19/12 19.04.030 DEVELOPMENT STANDARDS 1. GENERAL STANDARDS The standards contained in Table 04.02 (Residential Development Standards) relating to density, lot area and configuration, building setbacks, building lot coverage and height, accessory building and structure height, distance between buildings, and private outdoor living space, apply to all residential districts, and shall be determined to be minimum requirements, unless states as maximum by this Development Code. ATTACHMENT A Page 9 SITE DEVELOPMENT STANDARDS RU-2 (RESIDENTIAL URBAN) ZONE MIN.LOT AREA:7,200 SQUARE FEET MA)C.LOT COVERAGE: 40% r.e k t y�±.y4 ' {N ''' l k}. .yam 10'MIN. :01 �x ',.,,:'' REAR YARD MAX. r{,,- SETBACK NEIL f kT= " 4 _. ,�' 5 5 - � Si MIN. S t l SIDE YARD { A Yry � : Y" •� SETBACK �� �� N V €x 'V 41540:MOV' 25'AVERAGE 0 tP 20'MIN. FRONT YARD SETBACK 2. RESIDENTIAL ZONES SPECIFIC STANDARDS In addition to the general development requirements contained in Chapter 19.20 (Property Development Standards), the following standards shall apply to specific residential zones: TABLE 04.03 RESIDENTIAL ZONES SPECIFIC STANDARDS Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2 P. Second Dwelling Unit + + + + + + + MC 1381 T. Social Services Uses/ + + + + + + + Centers MC 1106 A. ACCESSORY STRUCTURES Accessory structures in residential zones are subject to Development review and shall be compatible with the materials and architecture of the main dwelling of the property. ATTACHMENT A Page 10 Accessory structures may only be constructed on a lot containing a main dwelling unit. Accessory structures may be built to the interior side and rear property lines provided that such structures are not closer than 10 feet to any other structure. Building Code requirements may further restrict the distance to be maintained from property lines or other structures. The accessory structure may be a maximum of 50% of the main structure footprint and a maximum of 16 feet in height. MC 876 6/9/93 B. DAY CARE CENTER DESIGN STANDARDS Day Care Centers are permitted for 15 or more children, subject to Conditional Use Permit review, pursuant to Section 19.04.020 (Table 04.01) and Section 19.06.020 (Table 06.01). The centers shall be constructed in the following manner: E. FRONT/REAR YARD AVERAGING STANDARDS The front/rear yard setback of a group of 5 adjacent dwelling units may vary up to 5 feet from that required. The average setback of all 5 units shall equal the minimum required for the base zone. G. GUEST HOUSE DESIGN STANDARDS Guest houses shall be constructed in the following manner: MC 1381 12/19/12 1. All guest houses shall conform to all development standards of the underlying zone. H. MINIMUM DWELLING SIZE STANDARDS b. Infill Single-Family Dwellings Minimum Livable Area in Square Feet 1,000 sq. ft.* *Note: The minimum setbacks of applicable zone shall be applied. L. MULTI-FAMILY HOUSING STANDARDS Multi-family housing is permitted in the RU, RM, RMH, RH, CG-2, and CR-2 zones subject to Development Permit Review and shall be constructed in the following manner: M. MULTI-FAMILY HOUSING, EXISTING ATTACHMENT A Page 11 Additions, alterations, and expansions to multi-family housing which legally existed prior to June 3, 1991, shall comply with the standards of the multi-family zone in which the project is located. MC 821 2/17/92 N. PLANNED RESIDENTIAL DEVELOPMENT/SMALL LOT SUBDIVISIONS Planned Residential Development (PRD) including Clustered Subdivision and Small Lot Divisions are permitted in Residential Urban (RU), Residential Medium (RM), Residential Medium High (RMH), and Residential High (RH) zones subject to Development Permit review. Attached and detached single-family dwelling units are permitted. The purpose of allowing these types of developments is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well planned neighborhood through creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development, to reduce development problems in hillside areas and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design. MC 1213 12/5/05 1. Density The underlying residential zone or the Hillside Management Overlay Zone shall determine the maximum number of dwelling units allowed in a PRD or Small Lot Subdivision. Where a parcel or parcels have more than one zone, the maximum number of dwelling units shall be determined by adding together the allowable density for each zone area. Density transfer throughout the PRD project area is permitted for the promotion of clustering units in those areas suited to development, and thus preserving the open space and natural features of the site. (See Hillside Management Overlay Zone for restrictions to on-site density transfer.) O. RECREATIONAL VEHICLE STORAGE FACILITIES Developments within the multi-family zones and with 12 or more dwelling units, shall provide recreational vehicle storage facilities. The storage facilities shall be reviewed as part of the Development Permit and shall be constructed in the following manner: P. SECOND DWELLING UNIT HOUSING DESIGN STANDARDS MC 1144 7/3/03 Second dwelling units shall be constructed in the following manner: ATTACHMENT A Page 12 4. The parcel upon which the second dwelling unit is to be established shall conform to all standards (i.e. lot coverage, height, setbacks, etc.) of the zone in which it is located. 10. The applicant for the second dwelling unit shall be the owner-occupant of the subject property. 11. This section shall not validate any existing illegal second dwelling unit. An application for a permit may be made to convert an illegal second unit to a conforming legal second unit, and the standards and requirements for said conversion shall be the same as for newly proposed second dwelling units. Q. SENIOR CITIZEN/CONGREGATE CARE HOUSING DESIGN STANDARDS 18. Developers of Senior Citizen/Congregate Care housing which have a density larger than that allowed in the underlying zone, shall provide a marketing analysis which analyzes long term feasibility and a conversion plan of Senior residential units to standard units, with a corresponding reduction in the number of units to equal the density allowed in the underlying zone if the project is not occupied by Seniors 60 years of age or older. The feasibility study and conversion plan shall not be required if the project is sponsored by any government housing agency, the City's Development Department or a non-profit housing development corporation. If the proposed project is to be located in the CO zone the conversion plan shall address the transformation of residential units into the uses allowed in the Commercial Office (CO) zone. R. SINGLE FAMILY HOUSING, EXISTING Additions, alterations and expansions to single-family housing which legally existed prior to June 3, 1991, shall comply with the standards of the Residential Suburban (RS) zone. MC 823 3/5/92, MC 888 1/6/94 U. VOCATIONAL/TRADE SCHOOLS Vocational/trade schools are subject to a Conditional Use Permit and shall comply with the following standards: 2. The vocational/trade school curriculum may include GED courses, business, office and secretarial skill courses, dental or medical assistant courses, or other courses determined by the Director of Community Development to be compatible with the adjacent neighborhood. No courses in automotive repair, welding, construction, woodworking, or industrial manufacturing shall be taught due to their incompatibility with surrounding residential uses. ATTACHMENT A Page 13 V. STUDENT HOUSING COMPLEX MC 1132 12/19/02 13. Management and security plans shall be submitted for review and approval by the Community Development Department and Police Department. G19.04.05 RESIDENTIAL DESIGN GUIDELINES: 8. PRIVATE TENNIS COURT DESIGN GUIDELINES Private tennis courts are subject to Development Permit review and should be constructed in the following manner: 2. There should be no more than 1 tennis court for each residential parcel of land. The review authority may approve additional tennis courts in multi-family developments in the Rill, RMH, and RH zones. CHAPTER 19.06 COMMERCIAL ZONES Section Page 19.06.010 Purpose II-19.06-1 19.06.020 Development Permitted and Conditionally Permitted Uses II-19.06-4 19.06.025 Prohibited Uses II-19.06-9 19.06.026 Marijuana Dispensaries,Prohibited Uses 11-19.06-11 19.06.030 Development Standards II-19.06-12 19.06.040 Applicable Regulations II-19.06-84 Table 06.01 Commercial Zones List of Permitted Uses II-19.06-5 06.02 Commercial Zones Development Standards II-19.06-13 06.03 Commercial and Industrial Zones Specific Standards II-19.06-22 Guidelines G19.06.050 Commercial Development Design Guidelines II-G19.06-1 19.06.010 PURPOSE 2. The purpose of the individual commercial zones is as follows: ATTACHMENT A Page 14 A. CO (COMMERCIAL OFFICE) ZONE This zone is intended to provide for the continued use, expansion, and new development of administrative and professional offices, hospitals, and supporting retail uses in proximity to major transportation corridors and ensure their compatibility with adjacent residential and commercial uses. Additionally, this zone permits a maximum density of 47 units per gross acre for senior citizen and senior congregate care housing. Existing single family residential structures may remain as a permitted use. MC 818 1/7/92,MC 1381 12/19/12 B. CG-1 (COMMERCIAL GENERAL) ZONE This zone is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to service the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. Additionally, this zone permits a maximum density of 47 units per gross acre for senior citizen and senior congregate care housing. MC 1304 5/4/09 C. CG-2 (COMMERCIAL GENERAL-2)ZONE This zone is intended to enhance the economic activity of appropriate commercial corridors; infilling and intensifying existing development, establishing new key activity centers and nodes, allowing for the development of medium and medium high residential density as alternative uses. The residential development shall have a minimum contiguous area of one gross acre with a maximum density of 12 units per gross acre along Mount Vernon Avenue and Baseline Street and other designated locations west of I-215 and a maximum density of 21 units per gross acre along Baseline Street and other designated locations east of I-215. Additionally, a bonus density of 50% for the development of senior citizen and senior congregate care housing shall be permitted, subject to the approval of a Conditional Use Permit. MC 1381 12/19/12 D. CG-3 (COMMERCIAL GENERAL-3) ZONE This zone provides for the development of local and regional serving retail, personal service, entertainment, office and related commercial uses. This district includes,but is not limited to, properties adjacent to California State University at San Bernardino along North Park Boulevard, Kendall Drive, and University Parkway for commercial and personal service uses to meet the needs of students, faculty, and visitors, and properties along Mt. Vernon Avenue, between 4th and 9th Streets, within the Paseo Las Placitas Specific Plan area. ATTACHMENT A Page 15 Design guidelines for the Mount Vernon Corridor(Paseo Las Placitas) are contained in Chapter 19.10, Special Purpose Zones, Section 19.10.030(3). MC 1381 12/19/12 E. CR-1 (COMMERCIAL REGIONAL-MALLS)ZONE This zone is intended to maintain and enhance the Inland Center Malls and adjacent properties to this and the Carousel Mall as the principal region-serving retail centers of the City. MC 1381 12/19/12 F. CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) ZONE This zone is intended to permit a diversity of regional-serving uses in the Downtown area including local, county, and state governmental/administrative, professional offices, cultural/historical and entertainment, convention facilities, hotels/motels, financial establishments, restaurants, supporting retail and services, educational institutions, public open spaces, and residential and senior citizen housing. Development of sites exclusively for residential uses shall have a minimum contiguous area of 1 net acre, with a maximum density of 47 units per net acre. Senior citizen and senior congregate care housing shall permit a maximum density of 130 units per net acre, subject to the approval of a Conditional Use Permit. G. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) ZONE This zone is intended to permit a diversity of regional-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.), financial establishments, restaurants (drive-thrus south of I-10 and adjacent to Tippecanoe Avenue between Hospitality Lane and I-10 only), hotels/motels, warehouse/promotional retail, supporting retail and services, and similar uses. MC 1098 7/5/01 H. CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) ZONE This zone is intended to provide for the development of new and used automobile and truck sales and related retail and service uses in the Auto Plaza area. I. CCS-1 (CENTRAL CITY SOUTH) ZONE This zone is intended to permit general retail, professional office and medical types of uses. Standards are contained in Chapter 19.13. MC 1381 12/19/12 J. CCS-2 (CENTRAL CITY SOUTH)ZONE This zone is intended to permit service commercial uses. Standards are contained in Chapter 19.13. ATTACHMENT A Page 16 K. CCS-3 (CENTRAL CITY SOUTH-FLOOD CONTROL CHANNEL)ZONE This zone is intended to provide for the flood control channel. Standards are contained in Chapter 19.13. L. CH (COMMERCIAL HEAVY) ZONE This zone is intended to accommodate automobile and truck sales and repair facilities, lumberyards, and related hardware sales, plant nurseries, light industrial manufacturing and storage facilities, and similar uses requiring extensive outdoor or indoor space for their sales, service, and/or storage, excluding neighborhood commercial uses. 19.06.020 DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES TABLE 06.01 COMMERCIAL ZONES LIST OF PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES ccs- CCS- LAND USE ACTIVITY CO CG-1 CG-2 CG-3 CR-1 CR-2 CR-3 CR-4 CH 1 2 F. Entertainment/Recreation Commercial establishments,which provide participant/spectator amusement,entertainment or sport, primarily for financial gain. Examples of allowable land use activities include,but are not limited to,the following: I. Adult Entertainment - 19.06.030 DEVELOPMENT STANDARDS 1. GENERAL STANDARDS B. COMMERCIAL ZONE STANDARDS The following standards shall apply to development in all commercial zones, except as otherwise provided for in this Development Code: 1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g. patio dining areas and nursery sales limited to ATTACHMENT A Page 17 plants and trees) or permanent outdoor sales and display areas, for major tenants (15,000 sq. ft. or greater) shall be approved with a Development Permit. Temporary outdoor sales and displays are permitted pursuant to Chapter 5.22 of the Municipal Code. MC 972 7/4/96 2. Outside storage, which shall be limited to within cargo containers only, shall be confined to the rear of the principal structure(s) or the rear two- thirds of the site, whichever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing and landscaping and shall be approved with a Development Permit. No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. TABLE 06.02 COMMERCIAL ZONES DEVELOPMENT STANDARDS DEVELOPMENT CO CG-1 CG-2 CG-3 CR-1 CR-2 CR-3 CR-4 CH CCS-1 CCS-2 _ STANDARDS Net Lot Areal 10,000 10,000 10,000 10,000 0 0 10,000 1 ac. 10,000 10,000 1 ac. Front Setback 15 10 10 15 0 0 15 20 10 20 10 Rear Setback 10 02 02 02 0 0 10 0 0 10 10 Side Setback 10 02 02 02 0 0 10 5 0 10 10 (Each) Side Setback 10 10 10 10 0 0 10 20 10 10 10 (Street Side) Lot Coverage 50 50 50 50 75 100 75 75 75 50 75 (Maximum%) Structure Height 4 st.3/ 2 st.4/ 2 st./ 2 st./ 4 st./ 4 4 st.s/ 2 st./ 2 st.s/ 2 st.5/ (Maximum)/Feet 52 30 30 30 52 100 52 30 45 30 50 st.=story ac.=acre This standard is only required for new commercial and industrial subdivisions 2 Except if adjacent to any Residential Zone,where the minimum side or rear setback shall be 10 feet. 3 Except within 75 feet of any Residential Zone,the maximum height is 2 stories or 30 feet. ATTACHMENT A Page 18 SITE DEVELOPMENT STANDARDS CO (COMMERCIAL OFFICE) ZONE MIN,LOT AREA: 10,000 SQUARE FEET MAX.LOT COVERAGE:50% t I Y,fy{ lei vr_`f '14 8 4 ;,1.t •,e• v, }S $� 52' ^. y MAX. 10'MIN. REAR SETBACK ' *fHEIGHT• f 10 MIN. '} f h SIDE SETBACK " ` N f t ,t 15'MIN. FRONT YARD SETBACK •WITHIN 75'OF ANY RESIDENTIAL LAND USE DISTRICT, THE MAX.HEIGHT IS 2 STORIES OR 30' SITE DEVELOPMENT STANDARDS CG-1 (COMMERCIAL GENERAL) ZONE MIN.LOT AREA:10,000 SQUARE FEET MAX.LOT COVERAGE:50% r I I lookter .' a: a,' > '''' .n:;Vti,s, : ' ` § MAX •• ' oQ£ REAR SETBACK" , >,,>, . f u / 0'MIN. ' SIDE SETBACK. ; 3; w ,; r t,'k' kz. sw �. t 10'MIA. FRONT YARD SETBACK • EXCEPT IF ADJACENT TO A RESIDENTIAL LAND USE DISTRICT, THE MINIMUM SIDE OR REAR SETBACK SHALL BE 10 FEET. ATT ACHMENT,A„ Page 19 SITE DEVELOPMENT STANDARDS CG-2 (CO MMERCIAL GENERAL-2) ZONE MIN.LOT AREA: 10,000 SQUARE FEET MAX LOT COVERAGE.50% fr ;. <4: r 's4.� f ,.41. w 414"''' 30, '''-'75::11:3,,,,,,,,,-,,,.,, \y r HEIGHT, N pr <' S s REAR SETBACK• 1'MIN. `4 " {SIQE SETBACK* U r 10'MIN. FRONT YARD SETBACK • EXCEPT IF ADJACENT TO A RESIDENTIAL LAND USE DISTRICT. THE MINIMUM SIDE OR REAR SETBACK SNALL BE 10 FEET. SITE DEVELOPMENT STANDARDS CG-2 (COMMERCIAL GENERAL-3) ZONE MIN.LOt AREA:10,000 SQUARE FEET MAX.LOT COVEERAGE:50% 1�r 6 vh ¢• � a d N � ! a � YJr .,, x ' ^ 5 7 35 v r ,,,,,,.„:„..„,,:„.,,,,,,,t„,„.i,....,s:,..-tilosoim,,... r HEIGHT a,w. i O'MIN REAR SETBACK" SIDE SETBAC yh G'. i5'MIN. FRONT YARD SETBACK • EXCEPT IF ADJACENT TO A RESIDENTIAL LAND USE DISTRICT THE MINIMUM SID OR REAR SETBACK SHALL BE 70 FEEL ATTACHMENT A Page 20 SITE DEVELOPMENT STANDARDS CR-1 (COMMERCIAL REGIONAL-MALLS) ZONE NO MIN.LOT AREA REQUIRED MAX.LOT COVERAGE: 75% 52' MAX. HEIGHT SITE DEVELOPMENT STANDARDS CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) ZONE NO MIN.LOT AREA REQUIRED MAX.LOT COVERAGE: 100% • ( 100' • • MAX, * HEIGHT •ADDITIONAL HEIGHT BONUS MAY BE ALLOWED PER SECTION 19.06.030(2)(E)OF THIS DEVELOPMENT CODE ATTACHMENT A Page 21 SITE DEVELOPMENT STANDARDS CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) ZONE MIN.LOT AREA:10,000 SQUARE FEET MAX.LOT COVERAGE:75% osp, twh;g ryc.�, } ?b l psi { vY F}'},ty K {Y wBA 52' 10 Mutt MAX REAR SETBACK HEIGHT ,`- < : 3 10 MIN. w ¢ SIDE SETBACK '''4k ASVSOMMASOMO UY. 15'MIN. FRONT YARD *MAY EXCEED THIS HEIGHT WITH CONDITIONAL USE PERMIT PURSUANT TO SECTION 19.36 SITE DEVELOPMENT STANDARDS CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) ZONE MIN.LOT AREA: I ACRE MAX.LOT COVERAGE:75% 411 3�0' I�� y HEIGHT 5'MIN. SIDE SETBACK 20'MIN. IF ADJACENT TO SIDE STREET 20'MIN. FRONT YARD SETBACK ATTACHMENT A Page 22 SITE DEVELOPMENT STANDARDS CH (COMMERCIAL HEAVY) ZONE MIN.LOT AREA:10,000 SQUARE FEET MAX.LOT COVERAGE:45% I I { I as � MAX. 'N.,,,.,. HEIGHT _.s.. .:-.44,,,,.. .., 4.. f 10'MIN. FRONT YARD SETBACK SITE DEVELOPMENT STANDARDS CCS-1 (CENTER CITY SOUTH) ZONE MIN.LOT AREA: 10,000 SQUARE FEET MAX.LOT COVERAGE: 50% 4i x r d�;N t r a h'k r, *•� , .rah .;tat+ r ".x• ' 3.; fix. >{: 14..rK. ? dh* : X C 30' ID'MIN, ' MAX REAR SETBACK M/" SM HE/GUT a N ,kk i,,, • .i S t ,10*MIN. ; . : r f ` SIDE SEACK ' t` % rah ff1 J N f• 20'MIN. FRONT YARD ATTACHMENT A Page 23 SITE DEVELOPMENT STANDARDS CCS-2 (CENTER CITY SOUTH) ZONE MIN.LOT AREA: I ACRE MAX.LOT COVERAGE:75% � G{ • M.w"`;b',��aY Y{ 4+•':M y MAIL 10'MIN. NElGHT' REAR SETBACK 10'MIN. SIDE SETBACK { 10'MTN. FRONT YARD SETBACK *MAY EXCEED THIS HEIGHT WITH A CONDITIONAL USE PERMIT PURSUANT TO SECTION 19.36. TABLE 06.03 COMMERCIAL AND INDUSTRIAL ZONES SPECIFIC STANDARDS SPECIAL STANDARDS CO CG CG CG CR CR CR CR CH CCS DIP IL IH lE UBP3 -12 -2 -3 -1 -2 -3 -4 1 2 1 2 3 A. Adult Businesses x x4 B. Alcohol Beverage Control x x x x x x x x x x x x x x License C Automobile Sales x x x x' x x x x x D. Automobile Dismantling x x E. Bonus Height x F. Convenience Stores x x x x G. Daycare Centers x x x x x x x x x x x x x x x x x x H Drive-Thru Restaurants x x x x x' x I. Indoor Retail Concession x x x Malls MC 825 3/17/92 J. Microbrewery x x x x x x x x x x K. Mini Malls x x x x x x L. Mini Storage x5 x x x M.Mixed Use Commercial& x x x x x x x x x Residential Development (Including Artist Colony &combination Residence/Office)MC 1218 3/6/06 N. Mobile Vendors x O. Multi-Family Housing x x ATTACHMENT A Page 24 P. Neighborhood Grocery x x x x x Stores(with or without alcohol)MC 1093 4/5/01 Q. Recycling Facilities x x x x x x x x x x x x x x x x x x R. Sales and Production of x Handicraft Items S. Senior Housing x x6 x x T. Service Stations x x x x x x x x x x (Gasoline) U. Service Station x x x x x x x x x x x x x Conversions V. Single-Family Housing, x x x x x x x x x x x x x Existing MC 823 3/5/92 W. Single-Family/Office x x x x x x x x x x x x Conversions MC 818 1/7/92 X. Single Room Occupancy x x (SRO)Facilities _ MC 809 10/8/91 Y. Social Service x x x x x x x Uses/Centers MC 1106 11/1/01 Z. Extended Lodging x x Facilities MC 1126 7/4/02 'South of 1-10 and adjacent to Tippecanoe Avenue between Hospitality Lane and I-10 only. MC 989 1/16/97 and MC 1098 7/5/01 2 MC 856 12/21/92 3 MC 863 3/24/94 °MC 896 2/22/94 and MC 909 8/16/94 MC 1035 12/17/98 VG-1 only,MC 1304 5/4/09 2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES In addition to the general development requirements contained in Chapter 19.20 (Property Development Standards), the following standards shall apply to specific commercial zones. (See Table 06.03 on previous page.) For residential uses in commercial zones, see Table 4.03 and the standards contained in Chapter 19.04.030(2). A. ADULT BUSINESS MC 1060 10/18/99 3. Adult Business Development Permit (DP-D). Adult businesses are permitted, subject to a Development Permit (DP-D), only in the CH and IL zones. It shall be unlawful for any person to establish an Adult Business in the City of San Bernardino unless the person first obtains and continues to maintain in full force and effect a Development Permit(DP-D) from the City of San Bernardino as herein required. E. BONUS HEIGHT Proposed structures within CR-2 zone shall have a maximum height limit of 100 feet. This section provides a special incentive to increase the maximum allowable height through a program which encourages such additional amenities as deemed desirable by ATTACHMENT A Page 25 the Commission. These amenities may include, but are not limited to, the following: MC 908 8/15/94 H. DRIVE-THRU RESTAURANTS This Section contains standards for drive-thru restaurants as well as prohibition of same in specified zones. Drive-thru restaurants are subject to Conditional Use Permit review. 1. Establishments providing drive-thru facilities may be permitted in the CG-1, CG-2, CG-3, CG-4, CR-2 (on properties in the Freeway Corridor Overlay Zone with frontage on 5th Street only) and CR-3 (south of I-10 only and adjacent to Tippecanoe Avenue between Hospitality Lane and I- 10 only) zones. MC 1098 7/5/01; MC 1338 11/15/10 M. MIXED USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT (INCLUDING ARTIST COLONY AND COMBINATION RESIDENCE/OFFICE MC 1218 3/6/06 Vertical and/or horizontal mixed-use developments containing a mix of office and retail uses, but no residential uses, are permitted in the CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, CH and CCS-1 zones. Horizontal and/or vertical mixed-use developments containing a mix of residential, commercial and/or office uses are permitted in the CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3 and CCS-1 zones. Mixed-use development having commercial uses mixed with residential uses shall be constructed, maintained, and operated in the following manner: 1. Development Standards for mixed use development containing one or more dwellings, including live/work units, shall be as specified in Table 6.02 Commercial Zones Development Standards. Multi-family dwelling units in mixed use development containing commercial uses shall be constructed in compliance with Section 19.04.030 (2) (L) Multi- Family Housing Standards. Mixed use development not containing multi- family apartment dwelling units and containing only single family units, townhomes and/or condominium dwelling units and commercial land uses shall be exempt from Section 19.04.030 (2) L and be constructed in compliance with the following development standards: i. The maximum structure height in the CG-2 and CG-3 zones shall be 4 stories(not to exceed 56 feet). 8. Live/Work Units. A dwelling constructed, maintained, and operated having commercial and residential uses is classed as a Live/Work Unit and shall adhere to the requirements for Mixed Use Residential and Commercial Development, with the following standards and exceptions: ATTACHMENT A Page 26 j. Tandem Parking. Unattended tandem parking will be permitted if the Deputy Director/City Planner determines that such parking would be appropriate and effectively used. 9. Professional Live/Work Unit. A dwelling constructed, maintained, and operated having commercial uses restricted to Studio/Artist and Creative/Tech-based offices and services, and/or Professional offices and services (including combination residence/office), and primarily non-retail uses in the work area, is classed as a Professional Live/Work unit. b. Professional Live/Work Units (including but not limited to Combination Residence/Office in the CO zone) shall be constructed, maintained, and operated as live/work units, with the following additional standards and exceptions: Q. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS Recycling facilities are subject to permit review in all commercial and industrial zones according to the following schedule: Type of Facility Zones Permitted Permit Required 2. The standards for recycling facilities are as follows: a. Reverse vending machine(s) located within a commercial structure shall require a Development Permit, shall not require additional parking spaces for recycling customers, and may be permitted in all commercial and industrial zones subject to compliance with the following standards: b. Small collection facilities that are required as Certified Recycling Centers by the California Public Resources Code or that are operated as drop boxes by valid non-profit organizations only, and which are located within applicable commercial and industrial zones shall be subject to a Development Permit, and comply with the following standards: c. A large collection facility which is larger than 500 square feet, or on a separate parcel not accessory to a "primary" use, which has a permanent structure is permitted in the commercial, and industrial zones, subject to a Conditional Use Permit, and the following standards: ATTACHMENT A Page 27 d. Light processing facilities and large processors shall be permitted in all industrial zones subject to a Conditional Use Permit, and shall comply with the following standards: 2) In the CH or IF., zones, processors shall operate within a completely enclosed structure; R. SALES AND PRODUCTION OF HANDICRAFT ITEMS Facilities providing for the sales and production of handicraft items may be established subject to Development Permit review and shall be constructed in the following manner: 1. The sales and production of handicraft items shall be permitted only on parcels located within both the CR-2 zone and the Main Street Overlay. 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 zone. 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 zone. A maximum of 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 zone,provided that at least one station offers only non-petroleum alternative fuel. MC 963 3/18/96; MC 1353 7/5/11; MC 1381 12/19/12 V. SINGLE FAMILY HOUSING,EXISTING Additions, alterations and expansions to single-family units which legally existed in the commercial and industrial districts prior to June 3, 1991, shall comply with the RS,Residential Suburban, zone Standards. MC 823 3/2/92 Z. HOTELS, MOTELS, B&BS, AND EXTENDED LODGING FACILITIES MC 1126 7/4/02, MC 1381 12/19/12 1. Hotels, Motels and Bed & Breakfast Inns (B&Bs) are allowed in the CG-1, CG-2, CR-2, CR-3, and CCS-1 zones. Extended Lodging Facilities are allowed in the CR-2 and CR-3 zones. ATTACHMENT A Page 28 G19.06.050 COMMERCIAL DEVELOPMENT DESIGN GUIDELINES 1. GENERAL The following design guidelines are intended as a reference framework to assist the designer in understanding the City's goals and objectives for high quality development within the commercial zones. The guidelines complement the mandatory site development regulations contained in this chapter by providing good examples of appropriate design solutions and by providing design interpretations of the various mandatory regulations. 2. APPLICABILITY The provisions of this section shall apply to all commercial development within the City, except within the downtown area, CR-2 zone, which is regulated by the Main Street Overlay zone, and the area located within the Paseo Las Placitas Specific Plan which is subject to the guidelines contained in Chapter 19.10, Special Purpose zones. (Reso 92- 135 4/6/92.) Any addition, remodeling, relocation, or construction requiring a building permit within any commercial zone subject to review by the Development Review Committee shall adhere to these guidelines where applicable. CHAPTER 19.08 INDUSTRIAL ZONES Section Page 19.08.010 Purpose II-19.08-1 19.08.020 Permitted,Development Permitted and Conditionally Permitted Uses II-19.08-2 19.08.030 Development Standards II-19.08-5 19.08.040 Applicable Regulations II-19.08-7 Tables 08.01 Industrial Zones List of Permitted Uses II-19.08-3 08.02 Industrial Zones Development Standards II-19.08-6 Guidelines G19.08.050 Industrial Development Design Guidelines II-G19.08-1 ATTACHMENT A Page 29 19.08.010 PURPOSE 1. The purpose of this Chapter is to achieve the following: I. Single-family dwelling units which legally existed in the industrial zones prior to June 3, 1991, may remain as a permitted use. MC 823 3/2/92 2. The purpose of the individual industrial zones is as follows: A. OIP(OFFICE INDUSTRIAL PARK)ZONE This zone is intended to establish distinctive office industrial parks and corporate centers serving City and regional needs. Supporting retail/commercial services may be located in Corporate Office Industrial Park structures. B. IL (INDUSTRIAL LIGHT) ZONE This zone is intended to retain, enhance, and intensify existing and provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. C. IH (INDUSTRIAL HEAVY) ZONE This zone is intended to provide for the continuation and development of heavy manufacturing industries in locations where they will be compatible with and not adversely impact adjacent land uses. D. IE (INDUSTRIAL EXTRACTIVE) ZONE This zone is intended to promote the mining and processing of the City's mineral resources in the Cajon Creek, Lytle Creek, and Santa Ana River areas, while ensuring their compatibility with adjacent land uses. Additionally, this zone provides for the development of interim uses including, but not limited to lumber yards, outdoor storage, plant nurseries, recreation (non-structural), etc., which do not impair the long term ability to extract and process mineral resources. 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zones which are Permitted(P), subject to a Development Permit(D) or a Conditional Use Permit(C): ATTACHMENT A Page 30 TABLE 08.01 INDUSTRIAL ZONES LIST OF PERMITTED,DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES LAND USE ACTIVITY OIP IL IH IE 18. Membership organizations,including meeting halls and fraternal D D — — lodges 19.08.030 DEVELOPMENT STANDARDS 1. GENERAL STANDARDS A. The following standards are minimum unless stated as maximum: TABLE 08.02 INDUSTRIAL ZONES DEVELOPMENT STANDARDS DEVELOPMENT OIP IL IH IE STANDARDS Net Lot Areal 10,000 20,000 40,000 N/A Front Setback 204 10 20 N/A Rear Setback 10 10 10 N/A Side Setback(Each) 10 102 102 N/A Side Setback(Street Side) 10 10 10 N/A Lot Coverage 50 75 75 N/A (Maximum%) Structure Height 42 2 stories/ None N/A (Maximum)/Feet 503 st. =story ac.=acre I This standard is only required for new industrial subdivisions 2 The minimum setback of 20 feet is required only along major or secondary arterial streets. Ten(10)feet is the minimum setback along all other streets. 3 Unless attached buildings are proposed,whereby no setback would be required for the attached side. 4 Unless the Commission finds that increased height is necessary for the proposed industrial use. ATTACHMENT A Page 31 2. INDUSTRIAL ZONE STANDARDS The following standards shall apply to development in all industrial zones, except as otherwise provided for in this Development Code: 6. In addition to the general development requirements contained in Chapter 19.20 (Property Development Standards), the Standards referred to in Table 06.03 shall apply to specific Industrial Zones. SITE DEVELOPMENT STANDARDS OIP (OFFICE INDUSTRIAL PARK) ZONE MIN.LOT AREA:10,000 SQUARE FEET MAX.LOT COVERAGE: 50% ! f u' ,K.;;4401.N e MAX REAR SETBACK k HEIGHT Ia 10'MIN. SIDE SETBACK�� 20'MIN. FRONT YARD SETBACK FOR MAJOR OR SECONDARY ARTERIALS 10'MIN.FRONT YARD SETBACK ON ALL OTHER STREETS. G19.08.050 INDUSTRIAL DEVELOPMENT DESIGN GUIDELINES 1. GENERAL The following design guidelines are intended as a reference framework to assist the designer in understanding the City's goals and objectives for high quality development ATTACHMENT A Page 32 within the industrial zones. The guidelines complement the mandatory site development regulations contained in this chapter by providing good examples of appropriate design solutions and by providing design interpretations of the various mandatory regulations. 2. APPLICABILITY The provisions of this section shall apply to all industrial development within the City, unless otherwise specified herein. Any addition, remodeling, relocation, or construction requiring a building permit within any industrial zone subject to review by the Development Review Committee shall adhere to these guidelines where applicable. CHAPTER 19.10 SPECIAL PURPOSE DISTRICTS Section Page 19.10.010 Purpose II-19.10-1 19.10.020 General Standards II-19.10-3 19.10.030 Specific Standards II-19.10-3 19.10.040 Applicable Regulations II-19.10-22 19.10.010 PURPOSE 1. The purpose of this Chapter is to achieve the following: F. Single-family dwelling units which legally existed in the Special Purpose zones prior to June 3, 1991 may remain as a permitted use. MC 823 3/2/92. 2. The purpose and permitted uses for each of the individual special zones are as follows: A. PCR (PUBLIC/COMMERCIAL RECREATION) ZONE 1. The purpose of this zone is to provide for the continuation of existing and development of new public and private commercial recreation facilities which ensure their compatibility with adjacent land uses; B. PF (PUBLIC FACILITIES) ZONE ATTACHMENT A Page 33 The purpose of this zone is to provide for the continuation of existing and development of new schools, government administrative, police, fire, libraries, social service, and other public facilities. C. PFC (PUBLIC FLOOD CONTROL) ZONE The purpose of this zone is to provide for the continuation, maintenance, and expansion of public flood control facilities. D. PP (PUBLIC PARK) ZONE The purpose of this zone is to provide for the continuation and enhancement of existing public parks and open space and development of new parks and recreation facilities. F. OS (OPEN SPACE) ZONE This zone is intended to preserve areas of permanent open space. MC 1381 12/19/12 19.10.020 GENERAL STANDARDS Any structure located in a Special Purpose zone (except the Open Space zone, wherein all structures are prohibited) shall be subject to an Administrative or Development Permit and shall be: MC 1381 12/19/12 19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS 2. Single-Family Housing, Existing Additions, alterations, and expansions to single-family units which legally existed in a Special Purpose zone prior to June 3, 1991, shall comply with the RS, Residential Suburban, Zone Standards. MC 823 3/2/92 CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY ZONE 19.10-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park zones as referenced in Table 06.01 of Chapter ATTACHMENT A Page 34 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial zones, the Emergency Shelter Overlay zone provides several areas within the CH, IL and OIP zones for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay zone shall apply to CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park zones as specified in reference maps adopted with the Emergency Shelter Overlay zone and available in the Community Development Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay zone shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CH, IL and OIP zones. 19.10-E.030 GENERAL PROVISIONS 1. Emergency shelters located in the Emergency Shelter Overlay zone shall be developed and operated according to the land use regulations, development standards and design guidelines for the CH, IL and OIP zones, as applicable, as well as Chapter 19.10-E. 2. Emergency shelters shall be permitted with the approval of an Administrative Permit within the Emergency Shelter Overlay zone as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay zone: A EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay zone of the CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park zones, subject to the standards in this Section. As social services with residential components, emergency shelters are also conditionally permitted in several commercial zones and ATTACHMENT A Page 35 throughout the IL, Industrial Light zone. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay zone: G19.10.060 40`h STREET PROJECT AREA DESIGN GUIDELINES 2. APPLICABILITY The provisions of this section shall apply to all development in commercial areas within the 40`h Street Project Area. Any addition, remodeling, relocation, construction or reconstruction requiring a building permit within any commercial zone subject to review by the Community Development Department or the Development Review Committee shall adhere to these guidelines where applicable. Exception: These provisions shall not apply to tenant improvements that do not change the exterior of the building. CHAPTER 19.11 TCC (TRICITY CORPORATE CENTRE OVERLAY) ZONE 19.11.010 PURPOSE The purpose of this chapter is to promote and encourage that development in the TriCity Corporate Centre Project area is consistent and compatible and in accordance with the TriCity Corporate Centre Land Use Plan and Design Guidelines which is incorporated into this Development Code by reference. The TriCity Corporate Centre Land Use Plan and Design Guidelines establishes planning areas, permitted uses and standards and design guidelines which shall be used in the TriCity Corporate Centre Project area as shown on the Zoning Map. MC 881 7/6/93 CHAPTER 19.12A A (AIRPORT) ZONE Section Page 19.12A.010 Purpose II-19.12A-1 19.12A.020 Permitted, Development and Conditionally Permitted Uses II-19.12A-2 19.12A.030 Development Standards II-19.12A-4 19.12A.040 General Provisions II-19.12A-6 ATTACHMENT A Page 36 Tables 19.12A.01 Airport Zone List of Permitted Uses II-19.12A-2 19.12A.010 PURPOSE 2. The purpose of the (A) Airport zone is as follows: 19.12A.020 PERMITTED, DEVELOPMENT AND CONDITIONALLY PERMITTED USES(1) The following list represents those primary uses in the Airport zone, which are Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C). Land Use Activity "A" Zone Other similar uses which the Director finds to fit within the purpose/intent of the Airport zone in compliance with Section 19.02.070(3). 19.12A.030 DEVELOPMENT STANDARDS 1. GENERAL STANDARDS A. The following standards are minimum unless stated as maximum. TABLE 12A.01 AIRPORT ZONE DEVELOPMENT STANDARDS (1) B. Airport Zone Standards 19.12A.040 GENERAL PROVISIONS 1. Non-Conforming Structures - The existing structures within the boundaries of this zone shall be exempt from the provisions of Section 19.62.020(7) of this Development Code for a period of 10 years, commencing on the effective date of this Chapter 19.12A. G19.12A.050 AIRPORT DEVELOPMENT DESIGN GUIDELINES 1. GENERAL Design Guidelines for airport development shall be the same as the applicable to the Industrial zones (Sec G 19.08.050) except as modified herein. ATTACHMENT A Page 37 CHAPTER 19.13 CCS (CENTRAL CITY SOUTH) ZONE Section Page 19.13.010 Purpose I1-19.13-1 19.13.020 Applicability II-19.13-1 19.13.030 Establishment of Zones II-19.13-1 19.13.040 Development Standards 11-19.13-1 19.13.050 Uses Permitted I1-19.13-2 19.13.010 PURPOSE The purpose of this zone is to provide the basis for a cohesive, functional, and economically productive environment. 19.13.020 APPLICABILITY The CCS (Central City South) zone include an area bounded by the centerline of Rialto Avenue on the north, the centerline of Inland Center Drive on the south, the centerline of "E" Street on the east, and the east right-of-way of the 1-215 freeway on the west. 19.13.030 ESTABLISHMENT OF SUBZONES The following zones and their general description and location are as follows: 1. CCS-1: General retail-type uses are permitted. The zone is generally between "E" Street and the I-215 Freeway, and between Inland Center Drive and Rialto Avenue. 2. CCS-2: Limited manufacturing, warehousing, research and development, and service commercial (including auto repair) uses are permitted. The zone is located on the north side of the intersection of Mill and "G" Streets. 3. CCS-3: The flood control channel which flows through Central City South. 19.13.040 DEVELOPMENT STANDARDS The following development standards shall apply: ATTACHMENT A Page 38 1. LANDSCAPING All development in the CCS zones is subject to Chapter 19.28 (Landscaping Standards) of this Development Code. The Parks Department shall refer to the "Landscape Palette" contained in the Central City South Design Guidelines for appropriate plant materials when reviewing for approval of any landscape plans. 2. PARKING AND LOADING All development in the CCS zones is subject to Chapter 19.24 (Off-Street Parking Standards) and Chapter 19.26 (Off-Street Loading Standards) of this Development Code. 3. SIGNS All development in the CCS zones shall be subject to Chapter 19.22 (Sign Standards) of this Development Code. Table 22.01(C) is applicable. 4. SUBZONES STANDARDS A. CCS-1 ZONE 5. In addition to these standards, the standards and guidelines contained in Chapter 19.06 (Commercial Zones) of this Development Code are applicable to all development and uses in the CCS-1 subzone. 6. Parcels located on the west boundary of the CCS zone which are also in the FC (Freeway Corridor Overlay) zones shall be subject to Chapter 19.14. B. CCS-2 ZONE Uses and development in the CCS-2 zone are subject to the standards and guidelines contained in Chapters 19.06 and 19.08 (Commercial and Industrial Zones) of this Development Code, with a minimum lot size for new subdivisions of 1 acre and a height limitation of a maximum of 2 stories or 50 feet. C. CCS-3 ZONE This subzone is governed by Chapter 19.10 (Public Flood Control Zone) of this Development Code. 19.13.050 USES PERMITTED ATTACHMENT A Page 39 Uses listed under each subzone shown in Table 06.01, Commercial and Industrial Zones, List of Permitted Uses, are permitted with a Conditional Use or Development Permit. CHAPTER 19.14 FC (FREEWAY CORRIDOR OVERLAY) ZONE 19.14.010 PURPOSE The purpose of this overlay zone is to provide special design guidelines/standards which address the siting and design of non-residential structures within the immediate viewshed of motorists traveling the I-10 and I-215 freeway corridors and State Highway 30 and its connecting segment to the I-215. 19.14.020 APPLICABILITY The FC (Freeway Corridor Overlay) zone shall be in effect in all non-residential zones for a distance of 500 feet from the edge of the freeway right-of-way. Any parcel wholly or partially within this area is subject to these requirements. MC 1057 9/7/99 As an overlay, this zone is applied in addition to those standards of the underlying zone. Any developments within the geographic limits of this zone shall conform to the requirements of both zones or the more restrictive of the two. CHAPTER 19.15 FF (FOOTHILL FIRE ZONES OVERLAY) ZONE 19.15.010 PURPOSE The purpose of the Foothill Fire Zones Overlay zone is to mitigate the spread of fire, to help minimize property damage and to reduce the risk to the public health and safety. 19.15.020 APPLICABILITY This overlay zone identifies three foothill fire zones that have different degrees of hazard based on slope, type of fuel present and natural barriers. The foothill fire zones are: A-Extreme Hazard, B-High Hazard, and C-Moderate Hazard. Fire Zones A and B shall be determined by the slope analysis, submitted with the project application. A reference map specifying identified fire zones within the City is on file with the Department. ATTACHMENT A Page 40 CHAPTER 19.16 FP (FLOOD PLAIN OVERLAY) ZONE 19.16.010 PURPOSE The purpose of the Flood Plain Overlay zone is to protect public health, safety, and general welfare, and to minimize hazards due to flooding in specific areas as identified by the latest adopted Flood Insurance Rate Maps, in addition to the following: CHAPTER 19.17 HM (HILLSIDE MANAGEMENT OVERLAY) ZONE 19.17.010 PURPOSE The purpose of this overlay zone is to provide for low-density residential development in the City's hillside areas and to assure that this development occurs in a manner which protects the hillside's natural and topographic character and identity, environmental sensitivities, aesthetic qualities, and the public health, safety, and general welfare. 19.17.030 APPLICABILITY This zone is intended to be the approximate location of the hillside areas along the foothills in the northern area of the City. The foothill area is defined as that area of 15% or greater slope as shown on the General Plan Land Use Plan map on file in the Department. Areas of 15% natural slope or less along the external border of the zone at the base of the hillsides, as determined by the preparation of a slope map by a licensed civil engineer, may be excluded from the density and development provisions of this Section. Those areas excluded shall revert to the underlying zone density and development standard provisions. The standards contained in this section apply to all subdivisions, uses, and structures within the District and are in addition to those of the zone. 19.17.040 PERMITTED AND CONDITIONALLY PERMITTED USES Uses permitted or conditionally permitted within the HM Overlay zone shall be the same as those for the underlying zone. 19.17.050 CONDITIONAL USE PERMIT REQUIRED ATTACHMENT A Page 41 A Conditional Use Permit, in accordance with the requirements of Chapter 19.36 of this Development Code, shall be required for all applicable uses and structures permitted in this overlay zone except in-fill single family homes on existing lots of record which will require a Development Permit. 2. DENSITY TRANSFER Within a project, in the Hillside Management Overlay zone, a density transfer may be granted when permitted development is transferred from one slope category to a lower slope category A project may transfer density outside the Hillside Management Overlay zone, if the project area is included in a Specific Plan. A General Plan Amendment may also be necessary. 7. STREET STANDARDS Streets in this overlay zone shall conform to the following standards: 19.17.070 DEVELOPMENT PERFORMANCE STANDARDS The following minimum performance standards are required for any development within this Overlay zone. Necessary information shall be provided with the Conditional Use Permit application as prescribed in Chapter 19.36 to determine compliance with these standards. A. FIRE SAFETY All developments in this overlay zone shall comply with the standards of the FF (Foothill Fire Zones) Overlay. In the course of the review for a project in this overlay zone, the City will be reviewing each project to determine compliance with fire safety standards. The standards cover such items as, but not limited to: 19.17.080 CONDITIONAL USE PERMIT PROCESSING 1. PROJECT INITIATION ATTACHMENT A Page 42 To initiate a project on any parcel within the HM Overlay zone, the property owner(s) or assignee(s) shall submit a Conditional Use Permit Application to the Department in accordance with the provisions of Chapter 19.36. 2. CONTENTS OF THE APPLICATION An application for a Conditional Use Permit within the HM Overlay zone shall include the following: CHAPTER 19.19 MS (MAIN STREET OVERLAY) ZONE 19.19.010 PURPOSE The purpose of this overlay zone_is to provide a comprehensive set of development standards to be applied within the City's downtown area. These standards are provided for the continuance and enhancement of the historic downtown area as the functional and symbolic center of the City. This District is established in order to achieve the following objectives for the City's downtown: 19.19.020 APPLICABILITY This zone is an area bounded by the north property line of the parcels on the north side of 8th Street on the north, the centerline of Rialto Avenue on the south, east right-of-way of I-215 on the west, and the east property line of parcels fronting on the east side of Sierra Way on the east. The standards contained in this section apply to all uses and structures within this zone and are in addition to those of the underlying zone. In addition, the commercial design guidelines (Section G19.06) also apply as design guidelines to projects within this District where applicable. Further, the "Main Street Design Guidelines Manual" provides additional guidance for developers of projects within this zone. The manual must be consulted by project proponents prior to submitting development plans for review. If there is inconsistency between the requirements of this Development Code and the Main Street Design Guidelines Manual, these Development Code requirements shall prevail. 19.19.030 PERMITTED AND CONDITIONALLY PERMITTED USES Uses permitted or conditionally permitted within this zone shall be the same as those for the underlying zone. ATTACHMENT A Page 43 G19.19.050 DESIGN GUIDELINES FOR REHABILITATION AND INFILL DEVELOPMENT 1. GENERAL The following design guidelines are intended as a reference framework to assist property owners, developers and designers in understanding the City's goals and objectives for high quality development and rehabilitation within the MS(Main Street Overlay)zone. 2. APPLICABILITY The provisions of this section shall apply to all development within the MS zone. Any addition, remodeling, relocation, or construction requiring a building permit within the MS zone subject to review by the Development Review Committee shall adhere to these guidelines where applicable. 11. MOTOR STRUCTURE/DRIVE-UP BUILDING The construction of additional motor structures and/or drive-up buildings in this zone is prohibited. CHAPTER 19.19A TRANSIT OVERLAY DISTRICT (TD) ZONE Guidelines G19.19A.100 Design Guidelines II-G19.19A-1 G19.19A.110 TD Image II-G19.19A-2 G19.19A.120 Transit Oriented Design II-G19.19A-3 G19.19A.130 Site Planning and Architectural Design II-G19.19A-5 G19.19A.140 Parking Design II-G19.19A-27 G19.19A.150 Landscape Design II-G19.19A-29 19.19A.010 PURPOSE The Transit Overlay District (TD) Zone and its regulations are established in order to implement the City's General Plan policies promoting transit-oriented development within San Bernardino. 19.19A.020 APPLICABILITY ATTACHMENT A Page 44 The Transit Overlay District (TD) Zone applies to transit station areas within San Bernardino. The TD establishes standards and regulations beyond those required by the underlying base zones. Whenever the requirement of the TD conflicts with the underlying base zone, the requirement of the TD shall govern. G19.19A TRANSIT OVERLAY DISTRICT(TD)DESIGN GUIDELINES G19.19A.100 TRANSIT OVERLAY DISTRICT (TD) ZONE DESIGN GUIDELINES A. Purpose and Intent. The following design guidelines are intended to direct the physical design of building sites, architecture, and landscape elements located within the City's Transit Overlay District (TD) Zone. G19.19A.130 SITE PLANNING AND ARCHITECTURAL DESIGN B. Architectural Design and Image. The San Bernardino Transit Overlay District (TD) Zone's architectural image is born out of a desire to create enduring and human-scaled expressions rooted in the traditional architectural heritage of the region. This traditional architectural image typically fosters a people-oriented environment characterized by a variety of building designs that frame and define the public streetscape. G19.19A.150 LANDSCAPE DESIGN A. Landscape Image. The San Bernardino Transit Overlay District (TD)Zone's landscape pattern is intended to project a formal impression designed to reinforce the transit village image, rooted in the landscape heritage of the region. ATTACHMENT A Page 45 ARTICLE III - GENERAL CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS 19.20.030 GENERAL STANDARDS 8. FENCES AND WALLS TABLE 20.01 FENCES AND WALLS HEIGHT AND TYPE LIMITS Zones Maximum Permitted Heights 1. Residential Front yard or side of street yard 3' Solid structures (not including the rear yard)2&3 4' Open work structures (must permit the passage of a minimum of 90%of light) Other yard area 6' Outside of required yard area 8' Abutting a non-residential zone 6' Solid, decorative masonry wall 2. Commercial,Industrial and Institutional Front yard or side of street yard 2'6" Solid structures 6' Open work structures Abutting residential zone 8' Solid,decorative masonry wall Other yard area 8' Outdoor storage areas visible 10' Commercial from public rights-of-way(located 16' Industrial behind required yards) Electric fences (located behind a primary fence) Within a setback area 10' Commercial/Industrial Outside the setback area 16' Industrial 3. All Zones-Traffic Safety Sight Area 2'6" 3. Chain link fencing with neutral colored slats may be used for outdoor storage areas located in the CH, IL, IH, and IE zones within required yards, if the fence would not be adjacent to a public street. ATTACHMENT A Page 46 ATTACHMENT A Page 47 CHAPTER 19.22 SIGN REGULATIONS 19.22.020 APPLICABILITY No signs shall be erected or maintained in any zone established by this Development Code, except those signs specifically enumerated in this Chapter. The number and area of signs as outlined in this Chapter are intended to be maximum standards. 19.22.080 OFF-SITE SIGNS 2. REPLACEMENT OF OFF-SITE BILLBOARD SIGNS ON NEW SITE The owner of an off-site billboard sign may replace such sign on a new site with another off-site billboard sign, subject to the following conditions: A. The replacement site shall be located in the CG-1, CG-2, CH, IL, IH and IE zones. 3. MODIFICATIONS TO EXISTING OFF-SITE BILLBOARDS An increase in size, height, or number of faces may be permitted subject to a Conditional Use Permit with the following conditions: A. The site shall be located in the CG-1, CG-2, CH, IL, IH, and IE zones. 7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS MC 1211 7/5/05 MC 1357 5/25/11 A. Off-site electronic message center signs are permitted only in Freeway Corridor Overlay zone, subject to a Conditional Use Permit, and subject to the provisions in the Outdoor Advertising Act (Chapter 2 in the State of California Business and Professions Code). These provisions include, but are not limited to, placement, location, content, and maintenance. MC 1381 12/19/12 19.22.150 SIGN REGULATIONS Table 022.01 identifies the signs permitted in each of the zones. In addition to the following regulations, all signs must be in compliance with all other provisions of this Chapter pertaining to signs. ATTACHMENT A Page 48 19.22.050 EXEMPT SIGNS Table 022.00 identifies the signs that are exempt from the provisions of this Chapter. MC 1057 10/8/99 TABLE 022.00 EXEMPT SIGNS (DO NOT REQUIRE PERMIT) Sign Type Maximum Number Maximum Sign Maximum Sign Additional Requirements Area Height A. Permanent Window signs One sign per 25%of the glass • Allowable aggregate of window pane area upon which window sign(s)area shall the sign is located include areas of allowable wall signs 19.22.150 SIGN REGULATIONS Table 022.01 identifies the signs permitted in each of the land use districts. In addition to the following regulations, all signs must be in compliance with all other provisions of this Chapter pertaining to signs. ATTACHMENT A Page 49 Table 022.01 Sign Class Sign Type Maximum Maximum Maximum Location Additional Number Sign Area Sign Height Requirements Requirements B. SIGNS PERMITTED IN ALL COMMERCIAL INDUSTRIAL DISTRICT (EXCEPT CO DISTRICT) - e. Business Monument or One double face 75 s.f.per face 25 ft.above grade -Must not create • Min.street Identifica- Pole sign with sign per street traffic hazard at frontage of 100 tion decorative frontage. corners or ft.required. pole cover driveways • A second double face sign per street frontage may be allowed for individual businesses that have a minimum gross floor area of 250,000 s.f. AND when the street frontage along which the additional sign is proposed is at least 500 feet in length. • May be located within 5 ft.of public right-of- way. • EMC permitted (75%of sign area)subject to Design Review by PC. • Address may be included,but is not part of max. sign area. 5. Vehicle Monument or 1 Case by case 50 ft.(may be up Set back 1 ft. • On-site Dealerships Pole sign with to 75 ft.with flag from property • Adjacent to a MC 1169 decorative test) line,not to freeway and 4/15/04 cover obstruct corner within Freeway sight distance. Corridor a. Electronic Overlay District • Street frontage Sign of 500 ft. • No closer than 500 ft.to other electronic sign • Flag test for visibility ATTACHMENT A Page 50 Sign Class Sign Type Maximum Maximum Maximum Location Additional Number Sign Area Sign Height Requirements Requirements b. Free- Monument or One double face 160 s.f.per sign 50 ft.above grade Must not create • Mm.street Standing Pole sign with sign per street face traffic hazard at frontage of 100 decorative frontage corners or ft.required. cover driveways • May be located within 5 ft.of public right-of- way. • EMC permitted (75%of sign area)subject to Design Review by PC. • Address may be included,but is not part of max. sign area. CHAPTER 19.24 OFF-STREET PARKING STANDARDS 19.24.030 GENERAL REGULATIONS 3. When a structure is enlarged or increased in excess of 25% of the floor area, or when a change in use creates an increase in the required amount of parking, additional parking spaces shall be provided in accordance with the provisions of this Chapter. The only exception to this requirement may be for structures and uses located in the CR-2 (Downtown) zone. A parking study may be prepared examining the proposed use in light of available public off-street parking facilities which may result in a City approved parking reduction program. If a study is not prepared, the required parking shall be provided. However, tenant improvements for any type of proposed permitted use in the CR-2 zone shall not require additional parking spaces to be provided. 7. In any residential zone, a garage with a garage door shall be provided, and permanently maintained. If a required residential garage is proposed to be converted to a different use, then a new, two-car garage (with minimum unobstructed inside dimensions of 20 feet by 20 feet) shall be constructed on the site prior to converting the existing garage. Exceptions to the garage requirement shall be for apartments and affordable housing as determined by the Director. ATTACHMENT A Page 51 19.24.060 DESIGN STANDARDS 19. WHEEL STOPS/CURBING Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. The clear width of a walkway which is adjacent to overhanging parked cars shall be 4 feet. All parking lots shall have a continuous curbing at least 6 inches high and 6 inches wide around all parking areas and aisle planters. Existing wheel stops may remain. If repaving of the parking lot is necessary, existing wheel stops may be removed and reinstalled following the repaving, provided stall dimensional requirements are met. However,no installation of new or additional wheel stops shall occur. CHAPTER 19.36 CONDITIONAL USE PERMITS AND MINOR USE PERMITS 19.36.050 FINDINGS 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code; CHAPTER 19.44 ADMINISTRATIVE AND DEVELOPMENT PERMITS 19.44.040 FINDINGS The appropriate review authority as outlined in Table 31.01 shall record the decision in writing and shall recite therein the findings upon which any such decision is based. The review authority may approve and/or modify an Administrative or Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off- site improvements that are necessary to mitigate project-related adverse impacts, and to carry out the purpose and requirements of the respective zone. The review authority may approve an ATTACHMENT A Page 52 Administrative or Development Permit, only if all of the following findings are made: MC 1381 12/19/12 3. The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property MC 1381 12/19/12; CHAPTER 19.58 MINOR EXCEPTIONS 19.58.010 PURPOSE These provisions shall ensure the following: 1. Minor adjustments from the standards contained in this Development Code shall be granted only when, because of special circumstances applicable to the property, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zones. 2. Any Minor Exception granted shall be subject to such conditions as will ensure that the minor adjustment thereby authorized shall not constitute a grant of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 19.58.050 FINDINGS Following a public hearing, the Director shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zone classification; 2. That granting the Minor Exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Minor Exception is sought; ATTACHMENT A Page 53 3. That granting the Minor Exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; 4. That granting the Minor Exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; CHAPTER 19.62 NONCONFORMING STRUCTURES AND USES 19.62.020 NONCONFORMING STRUCTURES 1. A legal nonconforming structure which is damaged to an extent of 1/2 or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Development Code. However, any residential structure(s), including multi-family, in a residential zone destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within 2 years after the catastrophe. 19.62.030 NONCONFORMING USES A nonconforming use is one which lawfully existed prior to the effective date of this Development Code, but which is no longer permitted in the zone in which it is located. The continuance of a legal nonconforming use is subject to the following: CHAPTER 19.70 TEMPORARY USE PERMITS MCC 1385 1/16/13 19.70.020 PERMITTED USES - TEMPORARY USE PERMITS The following temporary uses maybe permitted, subject to the issuance of a Temporary Use Permit: 10. Food carts,operated at fixed,pre-approved locations in the Main Street Overlay zone; 13. Similar temporary uses which, in the opinion of the Director are compatible with the zone and surrounding land uses,pursuant to Section 19.02.070 (3) (Similar Uses Permitted). ATTACHMENT A Page 54 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: 1. Garage and yard sales, provided the sales only occur on parcels developed with a residential use, do not occur more than 12 times per year, for no more than three days per event, and only on the third weekend of the month, in compliance with Municipal Code Section 8.14.070. 19.70.031 PROHIBITED USES 1. Any use not allowed in the underlying zone. 19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR TEMPORARY USE PERMITS A. Real Estate Office and Model Homes 2. Allowed locations. In all residential zones and all mixed-use developments with a residential component. H. Food Carts — Shall be operated only at fixed, pre-approved locations in the Main Street Overlay zone, at least 500 feet away from any restaurant and under current permits from the County Environmental Health Services Division. 19.70.036 DEVELOPMENT AND OPERATIONAL STANDARDS FOR SPECIAL EVENT PERMITS C. Certified Farmers Markets are allowed in the CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, CCS- 1, CCS-2, CCS-3 and CH zones subject to the following criteria: CHAPTER 19.72 VARIANCES 1. Variances from the terms of this Development Code shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zones; 2. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege(s) inconsistent with the ATTACHMENT A Page 55 limitations upon other properties in the vicinity and zone in which such property is situated; and 19.72.050 FINDINGS Following a public hearing, the Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based, pursuant to Section 65906 of the Government Code. The Commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zone; 2. That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Variance is sought; 3. That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; 4. That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;