HomeMy WebLinkAboutMC-1126
Adopted: June 3, 2002
Effective: July 4, 2002
1 ORDINANCE NO. MC-1l26
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL
DISTRICTS) SECTION 19.06.020, TABLE 06.01 (PERMITTED USES), TABLE 06.03
(SPECIFIC STANDARDS), AND SECTION 19.06.030 (DEVELOPMENT STANDARDS)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO
MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS
FOR HOTELS, MOTELS, AND EXTENDED LODGING FACILITIES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.06, Section
19.06.020, Table 06.01 (C), and Table 0.06.03, and Section 19.06.030 (2) (Z) of the Municipal
Code (Development Code) are amended to add.definitions and modify tables and text related to
12 Hotels, Motels, and Extended Lodging Facilities requirements and standards as shown in
13 Attachment I attached hereto and incorporated herein by reference.
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SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof,
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or any application thereof to any person or circumstance, is for any reason held to be
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unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
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face or as applied, such holding shall not affect the validity of effectiveness of any of the
19 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
20 person or circumstance or of said provision as applied to any other person or circumstance. It is
21 hereby declared to be the legislative intent of the City that this Ordinance would have been
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adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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1 AN ORDINANCE. . . AMENDING SECTION 19.02.050 (DEFINITIONS) AND
CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.020, TABLE 06.01
2 (PERMITTED USES), TABLE 06.03 (SPECIFIC STANDARDS), AND SECTION
3 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS,
4 REQUIREMENTS AND STANDARDS FOR HOTELS, MOTELS, AND EXTENDED
LODGING FACILITIES.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held
8 on the 3rd day of June , 2002, by the following vote to wit:
AYES
NAYS
ABSTAIN
ABSENT
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~. h C~tt,J/
City Clerk
The foregoing ordinance is hereby approved thisr~day of
21 2002.
June
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'{~"
ES, Mayor
Bernardino
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MC-1126
ATTACHMENT 1
19.06.030 (2)(Z) HOTELS, MOTELS, AND EXTENDED LOnGING FACILITIES
1. Hotels and Motels are allowed in the CG-1/5, CG-2, CG-4, CR-2, CR-3,
and CCS-Iland use districts. Extended Lodging Facilities are allowed in
the CR-2 and CR-3 land use districts.
2. All Hotels, Motels, and Extended Lodging Facilities are subject to a
Conditional Use Permit and shall comply with the following standards in
addition to any conditions imposed by the Planning Commission.
a. Hotels and Extended Lodging Facilities shall provide guestrooms with
voicemail, dataports, desk, laundry facilities, color television, alarm
clock or wake up service. Hotels and Extended Lodging Facilities shall
also make irons and ironing boards available to guests upon request.
Motels shall provide guestrooms with voicemail, desk, color
television, and alarm clock or wake up service.
b. The minimum lot size for a Hotel or Extended Lodging Facilities shall
be one (I) acre, with a minimum of 100 rooms. The minimum room
size for Hotels and Extended Lodging Facilities shall be 300 square
feet. There shall be a minimum of25 square feet per guestroom of
meeting space for full service Hotels.
c. Hotels and Extended Lodging Facilities shall include at least one
recreational facility, such as a pool, whirlpoollspa, or fitness room.
Motels shall provide a pool.
d. A restaurant shall be provided for full service Hotels and a guest
courtesy lounge (for snacks including vending machines) shall be
provided for limited service Hotels and Extended Lodging Facilities.
e. Extended Lodging Facilities shall provide a 24-hour per day on-site
supervisor, as designated by the owner/operator.
f. Hotels and Extended Lodging Facilities shall provide interior access to
rooms. Motels can have access from walkways or the parking lot.
3. An application for a Conditional Use Permit for a Hotel, Motel, or
Extended Lodging Facility shall be accompanied by a report with the
following information.
a. Number of Hotel, Motel, and Extended Lodging Facility rooms
available in the City;
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b. Current rate structure of existing facilities in the City and lor the
adjacent areas;
c. Proposed rate structure, including term (daily, weekly, etc.);
4. Kitchens, kitchenettes and other cooking facilities shall not be permitted
within Hotel or Motel units except the manager's unit. Kitchens,
kitchenettes or other cooking facilities may be permitted within Extended
Lodging Facilities.
5. Housekeeping services including cleaning and linen service shall be made
available daily to each guestroom, at the option of guest.
6. Leases and rental agreements of any duration are prohibited.
7. Hotels, Motels, and Extended Lodging Facilities cannot be used for a
mailing address, voter registration, school registration, or listed for a
personal phone number.
8. No existing Hotels or Motels can be converted to an Extended Lodging
Facility.
9. Hotels, Motels and Extended Lodging Facilities cannot be used for long-
term occupancy for uses and facilities such as apartments, care facilities,
boarding houses, and other similar uses and facilities, etc.
10. Hotels may have a maximum continuous length of stay of fourteen (14)
days with a 5-day interruption required before commencement of each
such subsequent stay.
11. Motels may have a maximum continuous length of stay of fourteen (14)
days with a 5-day interruption required before commencement of each
such subsequent stay.
12. Extended Lodging Facilities may have a maximum continuous length of
stay as follows:
a. One hundred (100) % of the total guest rooms in the facility may
be occupied by guests having a maximum length of stay of up to
30 days with a 5-day interruption required before commencement
of each such subsequent stay.
b. Fifteen (15) % of the total guest rooms in the facility may be
occupied by guests having a maximum continuous length of stay of
up to 90 days with a 5-day interruption required before
commencement of each such subsequent stay.
c. Five (5) % of the total guest rooms in the facility may be occupied
by guests having a maximum continuous length of stay of up to
180 days with a 5-day interruption required before commencement
of each such subsequent stay.
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d. Four (4) % of the total guest rooms in the facility may be occupied
by guests having a maximum continuous length of stay of up to
270 days with a 5-day interruption required before commencement
of each such subsequent stay.
e. Two (2) % ofthe total guestrooms in the facility will be unlimited
as to length of stay.
13. No Hotel, Motel, or Extended Lodging Facility shall solicit or accept
advance payment for more than seven (7) days lodging.
14. Compliance with the foregoing limitations will be determined on a year-
to-year basis, based on average guest length of stay throughout each
twelve (12) month period of operation ofthe applicable Extended Lodging
Facility.
15. Operators of Hotels, Motels, and Extended Lodging Facilities shall
provide the City with rental receipts, and related, pertinent information,
within 3 days after request by any City official.
16. All of the provisions of this section of the Development Code
Amendment, and applicable conditions of approval, shall be written in to
the deed and recorded, prior to the issuance of a grading permit.
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BASIC PROVISIONS - 19.02
19.02.050 DEFINITIONS
The words and phrases set out in this section, when used in this Development Code, shall, for the
purposes of this Development Code only, have the following respective meanings. These
definitions do not apply to any other chapter of the Municipal Code, and the same words and
phrases may have different meanings in other chapters of the Municipal Code.
Abuttinl! (Adiacent). Two or more parcels sharing a common boundary, of at least I point.
Abandoned. To cease or suspend from developing or maintaining a building or use for a stated
period of time.
Abandoned Activitv. A business or activity with no reported sales or activity for a period of at
least 180 days. Exceptions are temporary closures for repairs, alterations, or other similar
situations .
Access. Safe, adequate, and usable ingress or egress to a property or use.
Accessorv BuiIdinl! or Structure. A structure detached from a principal structure on the same
lot, incidental to the principal building, and not designed for human habitation.
Action. The decision made by the review authority on a land use application, including
appropriate fmdings, environmental determination and conditions of approval, where applicable.
Adult-Oriented Businesses. See Section 19.06.030 (2)(A) for specific defmition of terms.
Al!riculture. The use of land for farming, dairying, pasteurizing and grazing, horticulture,
floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities,
including, but not limited to storage, harvesting, feeding or maintenance of equipment excluding
stockyards, slaughtering or commercial food processing.
Airport or Heliport. Any area of land designated and set aside for the landing and taking off of
any aircraft regulated by Federal Aviation Administration.
Allev. A public or private way, at the rear or side of property, permanently reserved as an
ancillary means of vehicular or pedestrian access to abutting property .
Alteration. Any construction or physical change in the internal arrangement of rooms or the
supporting members of a building or structure, or change in the appearance of any building or
structure.
Ancillarv Use. A use incidental to and customarily associated with a specific principal use,
located on the same lot or parcel.
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BASIC PROVISIONS - 19.02
except where the land division is brought about in connection with the purchase of such land by a
public agency for public recreational use; change in the intensity of use of water, or of access
thereto; construction, reconstruction, demolition, or alteration of the size of any structure
including any facility of any private, public or municipal utility; and the removal of any major
vegetation. As used in this Development Code, "structure" includes but is not limited to any
building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power
transmission and distribution line. A "project," as defined in Government Code Section 6593 I, is
included with this definition.
Develonment Code. A unified text incorporating those areas of regulation more typically
presented in separate zoning and subdivision ordinances and related chapters of the Municipal
Code, hereafter referred to as the "Development Code."
Director. The Director of the San Bernardino Planning and Building Services Department,
hereafter referred to as "Director" or designee.
Dormitorv. A structure intended principally for sleeping accommodations, and where no
individual kitchen facilities are provided, where such structure is related to an educational or
public institution or is maintained and operated by a recognized non-profit welfare organization.
Dwellinl!. A structure or portion thereof designed for residential occupancy, not including hotels
or motels.
Dwellinl!. Multinle. A structure containing 2 or more dwelling units or a combination of 2 or
more separate single family dwelling units.
Dwellinl! Unit. One or more rooms including bathroom(s) and a kitchen, designed as a unit for
occupancy by 1 family for living and sleeping purposes.
Easement. A grant of 1 or more property rights by the property owner for the use by the public,
a corporation or another person or entity.
Educational Institution. A school, college or university, supported wholly or in part by public
funds or giving general academic instruction equivalent to the standards prescribed by the State
Board of Education.
Entertainment CLive). Any act, play, revue, pantomime, scene, dance act, or song and dance
act, or any combination thereof, performed by 1 or more persons whether or not they are
compensated for the performance.
Extended Lodwl! Facilitv. A limited service lodging facility containing one hundred (100) or
more guest rooms in one or more buildings containing individual guestrooms or suites of rooms
which provide some additional services such as kitchen facilities, amenities, recreational facilities,
and/or meals. Lengths of stay are defined in Section 19.06.030(2)(Z)(1l) of this Development Code.
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BASIC PROVISIONS - 19.02
Gross Acreal!e. The total area within the lot lines of a lot or parcel of land before public streets,
easements or other areas to be dedicated or reserved for public use are deducted from such lot or
parcel, and does not include adjacent lands already dedicated for such purposes.
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Utility Easement
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New Streets
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Existing Street
GROSS ACREAGE
Gross Floor Area. The area included within the surrounding exterior fmish wall surface of a
building or portion thereof, exclusive of courtyards.
Guest House. Living quarters, having no kitchen facilities, located on the same premises with a
main building and occupied for the sole use of members of the family, temporary guest, or
persons permanently employed on the premises.
Half Storv. A story under a gable, hip or gambrel roof, plates of which are not more than 2 feet
above the floor of such story.
Home Occnoation. An activity conducted in compliance with Chapter 19.54 carried out by an
occupant conducted as an accessory use within the primary dwelling unit.
Hosoital. An institution, designed within an integrated campus setting for the diagnosis, care,
and treatment of human illness, including surgery and primary treatment.
Hotel. A full service lodging facility containing one hundred (100) or more guest rooms which
provides some additional services such as restaurants, meeting rooms, amenities, and recreational
facilities and stays are fourteen (14) days or less.
Indoor Retail Concession Mall. Any indoor, multi-tenant retail or discount mall, operated
during regular business hours, wherein the majority of square footage is used (or offered) for
concession or leased floor area andlor wall space for which a fee, commission, or lease is
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BASIC PROVISIONS - 19.02
Microbrewerv. A small scale production of beer, with or without food service, including on-site
storage and shipping of products produced on the premises; food service may be provided
ancillary to the use. MC 997 8/7/97
Mixed Use DeveloDment. The development of a parcel(s) or structure(s) with 2 or more
different land uses such as, but not limited to a combination of residential, office, manufacturing,
retail, public, or entertainment in a single or physically integrated group of structures.
Mobile Home. Same as "Manufactured Home," but subject to the National Manufactured
Housing Construction and Safety Act of 1974.
Mobile Vendor. An individual providing sales of retail andlor food items from a moveable cart
in a public place. MC 997 8/7/97
I Motel. A limited service lodging facility which provides some additional services such as I
restaurants, amenities, andlor recreational facilities, and stays are fourteen (14) days or less.
Neil!hborhood Grocery Stores. A full service grocery store less than 15,000 square feet (with
or without alcohol sales) that sells fresh fruit, vegetables, meat and fish, and has food prepared on
site. MC 1093 4/4/01
Net Site Area. The total area within the lot lines of a parcel of land after public street easements
or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
Nonconforminl! Structure. A structure which conformed to applicable laws when constructed
but does not conform to the provisions of this Development Code.
Nonconforminl!. Illel!al. A structure, lot, or use which did not conform to applicable laws when
constructed or initiated, and does not conform to the provisions of this Development Code.
Nonconformine Lot. A lot, the area, frontage or dimensions of which do not conform to the
provisions of this Development Code.
Nonconforminl! Use. A use complying with applicable laws when established but does not
conform to the provisions of this Development Code.
Outdoor SaIes/DisDlavs. A promotional sales event conducted by I or more businesses which is
held outside the confmes of the commercial structure(s) in which such business is normally
conducted and which sale involves the outdoor display within a paved or concreted area on the
same lot as the structure(s) of merchandise which is normally displayed within the structure(s).
Sale events shall be conducted solely on private property and not encroach within public rights-of-
way. MC 972 7/4/96
Parcel. A parcel of land under one ownership that has been legally subdivided or combined and
is shown as a single parcel on the latest equalized assessment roll.
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MC-1l26
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MC-1l26
ATTACHMENT "C"
Conditional Use Permit No. 01-03
CONDITIONS OF APPROVAL - MODIFIED
I. Within two years of development approval, commencement of construction shall have
occurred and the final map shall have been recorded or the permit/approval shall become
null and void.
Expiration Date: Two years from the effective date of the Development Code
Amendment
2. The review authority may, upon application being filed 30 days prior to the expiration
date and for good cause, grant a one-time extension not to exceed 12 months. The review
authority shall ensure that the project complies with all current Development Code
provlSJons.
3. In the event this approval is legally challenged, the City will promptly notifY the
applicant of any claim, action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnifY and hold harmless the
City of San Bernardino (City), the Economic Development Agency of the City of San
Bernardino (EDA), any departments, agencies, divisions, boards or commission of either
the City or EDA as well as predecessors, successors, assigns, agents, directors, elected
officials, officers, employees, representatives and attorneys of either the City or EDA
from any claim, action or proceeding against any of the foregoing persons or entities.
The applicant further agrees to reimburse the City of any costs and attorneys' fees which
the City may be required by a court to pay as a result of such action, but such
participation shall not relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorneys fees" for the purpose ofthis condition.
As part of the consideration for issuing this permit, this condition shall remain in effect if
this Development Code Amendment, Conditional Use Permit or Tentative Parcel Map is
rescinded or revoked, whether or not at the request of applicant.
4. Construction shall be in substantial conformance with the planes) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the planes) shall be subject to approval by the
Director through a minor modification permit process. Any modification which exceeds
10% of the following allowable measurable design/site considerations shall require the
refiling of the original application and a subsequent hearing by the appropriate hearing
review authority if applicable:
a. On-site circulation and parking, loading and landscaping;
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DCA No. 01-02, CUP No. Ot-03, TPM No. 15635
Hearing Date 2/19/02
Page 2
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme;
and,
d. A reduction in density or intensity of a development project.
5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or
no change of use ofland or structure(s) shall be inaugurated, or no new business
commenced as authorized by this permit until a Certificate of Occupancy has been issued
by the Department. A temporary Certificate of Occupancy may be issued by the
Department subject to the conditions imposed on the use, provided that a deposit is filed
with the Public Works Division prior to issuance ofthe Certificate, is necessary. The
deposit or security shall guarantee the faithful performance and completion of all terms,
conditions and performance imposed on the intended use by this permit.
6. This permit or approval is subject to all the applicable provisions ofthe Development
Code in effect at the time of approval. This includes Chapter 19.20- Property
Development Standards, and includes: dust and dirt control during construction and
grading activities; emission control of fumes, vapors, gases and other forms of air
pollution; glare control; exterior lighting design control; noise control; odor control;
screening; signs, off-street parking and off-street loading; and vibration control.
Screening and sign regulations compliance are important considerations to the developer
because they will delay the issuance of a Certificate of Occupancy until they are
complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or
meter cabinets shall be architecturally screened by wall or structural element, blending
with the building design and include landscaping when on the ground.
7. Prior to issuance of grading permits, the LEA shall have certified the closure of the
landfill and all necessary plans shall be amended to meet the requirements and standards
included in DCA 01-02, including but not limited to the inclusion of on-site management,
meeting space and recreational amenities.
8. Signage is not included in this permit. Prior to the construction of any signage on the site,
the project proponent shall submit a sign permit to the Planning Division for review and
approval.
9. THe BJ(teaBeB LeBgiag Facility ear.flot be 116eB for a ffilliliag address, voter registmtiea,
sehool registFatiea, af listea fer a perseflal pheBe ffi:Ufl.Ser.
MC-1l26
DCA No. 01-02, CUP No. 01-03, TPM No. 15635
Hearing Date 2/19/02
Page 3
10. fJl eftRe ]3reyisieas efthe De';ele]3ffieat Cede .'\measlHeat sRall Be writtea ia te tRe
sees llIld reeordes, prier te tRe isstiaHse ef a gflldiag ]3ermit.
II. Lsag term LellGes are ]3rsRiBites.
12 The mitigation measures outlined in the Mitigation Monitoring and Reporting Program
are applicable and are considered a part of the Conditions of Approval.
13. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
· Development Services Department - Plan Check Division
· Development Services Department - Public Works Division
. Public Services Department - Refuse Division
. Water Department
. Fire Department
. Parks, Recreation & Community Services