HomeMy WebLinkAboutMC-1400 Adopted: May 5, 2014
Effective: June 5, 2014
1 ORDINANCE NO. MC-1400
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-10, TO AMEND CHAPTER 19.08
3 (INDUSTRIAL DISTRICTS) SECTION 19.08.020, Table 08.01, (15) GASOLINE
4 SERVICE STATIONS, TO PERMIT ANCILLARY COMMERCIAL USES WITH A
GASOLINE SERVICE STATION, ONLY AT THE INTERSECTIONS OF MAJOR
5 AND SECONDARY ARTERIALS, SUBJECT TO APPROVAL OF A CONDITIONAL
USE PERMIT; AND AMEND CHAPTER 19.06 (COMMERCIAL DISTRICTS)
6 SECTION 19.06.030 (T) (2), GASOLINE SERVICE STATIONS, TO DELETE THE
7 MINIUMUM PARCEL SIZE REQUIREMENT.
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8 WHEREAS, the current Development Code was initially implemented in 1991; and
9 WHEREAS, the current General Plan was initially implemented in 2005; and
10 WHEREAS, on March 19, 2014, the Planning Commission of the City of San
11 Bernardino held a noticed public hearing to consider public testimony and the staff report
12 recommending approval of Development Code Amendment 14-10, and recommended
13 approval of the proposed Development Code Amendment to the Mayor and Common
14 Council; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's
15 consideration of the proposed resolution was published in The Sun newspaper on April 10,
16 2014.
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18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
22 are true and hereby adopt and incorporate them herein.
23 SECTION 2. Findings of Fact.
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1. The proposed Development Code Amendment would provide for site-specific review
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of the subject uses on a case-by-case basis, subject to approval by the Planning Commission.
26 Additionally, the proposed DCA14-10 would clarify development standards for gasoline
27 service stations which would encourage development opportunities within the City and would
28 ensure that development of certain sites now in industrial zones would be consistent with the
M8-1400
1 goals, objectives and policies of the General Plan. The proposed amendment maintains land
2 use compatibility, in balance with public convenience and public safety, consistent with the
following goals and policies of the General Plan:
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4 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding
5 land uses."
6 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic
7 infill of new development and revitalization of existing development."
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Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development,
9 land use flexibility and customized site development standards shall be achieved through
10 various master planning devices, such as specific plans, planned development zoning and
11 creative site planning."
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13 Goal 4.5: "Identify and attract new employment types/land uses that complement the existing
employment clusters and foster long-term economic growth".
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15 2. Site-specific review of potential safety, zoning, health and land use conflicts by the
16 Planning Commission will ensure proper review of sites for gasoline service stations.
17 Therefore, the proposed Development Code Amendment serves the public interest and would
18 not be detrimental to public health, safety, convenience or general welfare.
19 SECTION 3. Compliance with the California Environmental Quality Act. The
20 Mayor and Common Council finds that the proposed Development Code Amendment is
21 exempt from the California Environmental Quality Act (CEQA) pursuant to Section
22 15061(b)(3) of the CEQA Guidelines, because the effects of the amendment would not result
23 in a significant direct or reasonably foreseeable indirect physical change in the environment.
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25 SECTION 4. Development Code Amendment 14-10, attached hereto as Exhibit A
26 and incorporated herein by reference, is hereby approved.
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MC-1400
1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
2 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
3 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
4 part thereof. The Mayor and Common Council hereby declares that it would have adopted
5 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
6 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1400
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-10, TO AMEND CHAPTER 19.08
2 (INDUSTRIAL DISTRICTS) SECTION 19.08.020, Table 08.01, (15) GASOLINE
SERVICE STATIONS, TO PERMIT ANCILLARY COMMERCIAL USES WITH A
3 GASOLINE SERVICE STATION, ONLY AT THE INTERSECTIONS OF MAJOR
4 AND SECONDARY ARTERIALS, SUBJECT TO APPROVAL OF A CONDITIONAL
USE PERMIT; AND AMEND CHAPTER 19.06 (COMMERCIAL DISTRICTS)
5 SECTIONS 19.06.030 (T) (2), GASOLINE SERVICE STATIONS, TO DELETE THE
MINIUMUM PARCEL SIZE REQUIREMENT.
6
7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof,
8 held on the 5t1, day of M,," , 2014, by the following vote, to wit:
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ x
11
12 BARRIOS x
13 VALDIVIA x
14 SHORETT x
15 NICKEL x
16 JOHNSON
—x�
17
MULVIHILL x
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20 George4iri Hanna, City Clerk
21 The foregoing Ordinance is hereby approved this�d y of May , 2014.
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23
R. Carey Davis,)14ayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
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27 By: u CC
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MC-1400
EXHIBIT A
DEVELOPMENT CODE AMENDMENT 14-10 is twofold:
I. Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service
Stations will be modified to read:
Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15)
Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station, only
at the intersections of major and secondary arterials, subject to approval of a Conditional Use Permit.
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):
TABLE 08.01
INDUSTRIAL ZONES LIST OF PERMITTED,DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITTED USES
15. Gasoline Service Stations with or without ancillary — GB- CB- —
Commercial Uses only at the intersections of major and
secondary arterials
II. Development Code Section 19.06.030 (T) (2)will be modified to read:
19.06.030 DEVELOPMENT STANDARDS
2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES
T. SERVICE STATION STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply with the following
standards:
2. • • .. . . • • I I . .• • • • A minimum
street footage of 100 feet on each street shall be provided.