HomeMy WebLinkAboutMC-997
Adopted:
Effective:
July 7, 1997
August 7, 1997
ORDINANCE NO. Ke-997
1
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.02, SECTION 19.02.050 AND AMENDING CHAPTER 19.06, SECTION
319.06.030(2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
ODE) TO ADD NEW DEFINITIONS FOR ARTIST COLONY, MICROBREWERY,
4 OBILE VENDOR, AND SALES AND PRODUCTION OF HANDICRAFT ITEMS AND TO
D SPECIFIC STANDARDS FOR THE ABOVE LISTED USES.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Section 19.02.050 and Section 19.06.030(2) of the
unicipal Code (Development Code) are amended to add new
9 definitions for artist colony, microbrewery, mobile vendor,
10
and
sales and production of handicraft items and to add specific
11 standards for the above listed uses; all other provisions of
12 Section 19.02.050 and Section 19.06.030(2) remain unchanged.
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The definitions and development standards of Section 19.02.050
and Section 19.06.030(2) of the Development Code are hereby amended
to read as follows (see Attachment A, Development Code pages 1-6,
1-14, 1-17, 11-84, 11-91, 11-93 and 11-102, attached hereto and
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incorporated herein by reference):
"SECTION 19.02.050 DEFINITIONS
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Artist Colonv A single or integrated group of structures providing
livelwork space for individuals who are engaged in a creative
effort including but not limited to, studio arts, photography,
music, dance theater and arts related businesses and services. Such
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colonies
may
include a
retail
in
addition to the
component
livelwork space provided.
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26
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
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the use.
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Ke-997
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obile Vendor An individual providing sales of retail andlor food
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from a moveable cart in a pUblic place.
3
ales and Production of Handicraft Items Small scale sales and
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roduction of products made from materials including, but not
5
limited to clay, glass, plaster, precious metals, stone and wood."
6 "SECTION 19.06.030(2) (C) ARTIST COLONY
7 rtist colonies may be established in the CR-2 land use district
8 subject to Conditional Use Permit review and shall be constructed
9 in the following manner:
10 1. The minimum unit size of a livelwork space shall be 750 square
11 feet.
12 2. All on-site parking shall comply with provisions of Chapter
13 19.24 (Off-Street Parking). Pavers or grass-crete may be used
14 to provide temporary parking in open space areas provided all
15 landscape requirements are met.
16 3. Hazardous activities including but not limited to welding,
17 open flame, or storage of flammable liquids shall be
18 prohibited in a livelwork space without specific written
19 approval from the Fire Department, which may impose the
20 appropriate requirements for such approval."
21 "SECTION 19.06.030(2) (K) MICROBREWERY
22 Microbreweries may be established subject to Conditional Use Permit
23 review and shall be constructed in the following manner:
24 1. Microbreweries shall be permitted only on parcels located
25 within both the CR-2 land use district and the Main Street
26 Overlay.
27 2. 50% of the total building square footage may be used for
28 production and storage of beer produced on the premises.
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3. Accessory uses may include but are not limi ted to
2
foodlbeverage service and live entertainment and are subject
3 to a Conditional Use Permit.
4
4. All on-site parking shall comply with provisions of Chapter
5 19.24 (Off-Street Parking).
6 5. All on-site signage shall comply with the provisions of
7 Chapter 19.22 (Sign Standards).
8 6. Service access shall be located at the rear or side of
9 structure(s) and as far as possible from adjoining residential
10 uses."
11 "SECTION 19.06.030(2) (N) MOBILE VENDOR
12 Mobile vendors may be established only in areas located within both
13 the Main Street Overlay subject to written approval by Main Street,
14 Inc. Specific locations shall be determined by Main street, Inc."
15 "SECTION 19.06.030(Q) SALES AND PRODUCTION OF HANDICRAFT ITEMS
16 Facilities providing for the sales and production of handicraft
17 items may be established subject to Development Permit review and
18 shall be constructed in the following manner:
19 1. The sales and production of handicraft items shall be
20 permitted only on parcels located within both the CR-2 land
21 use district and the Main Street Overlay.
22 2. The retail and service operations shall be contained within
23 the main structure which houses the primary use.
24 3. Retail and service operations shall occupy a minimum of 15% of
25 the total building square footage.
26 4. Accessory items not produced on site may be sold on the
27 premises in addition to those products manufactured,
28 warehoused andlor assembled on the premises.
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Ke-997
Outside storage of materials shall be prohibited."
SECTION 2. Section 19.06.030(2), Previous Subsections A
hrough S are hereby accordingly relettered A through W.
/11
/11
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1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 19.02, SECTION 19.02.050 AND AMENDING CHAPTER 19.06, SECTION
19.06.030(2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
3 CODE) TO ADD NEW DEFINITIONS FOR ARTIST COLONY, MICROBREWERY,
OBILE VENDOR, AND SALES AND PRODUCTION OF HANDICRAFT ITEMS AND TO
4 DD SPECIFIC STANDARDS FOR THE ABOVE LISTED USES.
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted
6 by the Mayor and Common Council of the City of San Bernardino at a
7
meeting thereof held on the
7th
day of
8
July
, 1997, by the following vote to wit:
9 Council Members ~ ~ ABSTAIN ABSENT
10 NEGRETE ---"L-
11 CURLIN ---"L-
12 ARIAS ---"L-
13 OBERHELMAN ---"L-
14 DEVLIN --X-
15 ANDERSON ~
MILLER X
16 -
17 ~ /;J Ce~
18 ci y Clerk
19 The foregoing resolution is hereby approved this Rt-},
20 day of July , 1997.
~:/!4d~
21
22 T~ Minor, Mayor
ci ty of San Bernard..no
23 Approved as to form
24 and legal content:
JAMES
25 city
26 By:
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Ke-997
ATTACHMENT "A"
BASIC PROVISIONS - 19.02
including, but not limited to storage, harvesting, feeding or maintenance of equipment excluding
stockyards, slaughtering or commercial food processing.
AirDort or Helinort. 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.
Animal Hosnital. A place where animals or pets are given medical or surgical treatment and
are cared for during the time of such treatment; the ancillary use of the premises as a kennel or
a place where animals or pets are boarded for remuneration.
Antenna. A device for transmitting or receiving radio, television, or any other transmitted
signal.
AnartmentlMulti-familv. A portion of a structure designed and used for occupancy by 2 or
more individual persons or families living independently of each other, including duplex, trip-
lex, fourplex, and other multi-unit configurations.
Annlicant. Owner(s) or lessee(s) of property, or their agent(s), or person(s) who have
contracted to purchase property contingent upon their ability to acquire the necessary permits
under this Development Code, or the agent(s) of such persons.
Artist Colorry. A single or integrated group of structures providing live/work spoce for
individuals who are engaged in a creative effort including but not limited to, studio arts,
photography, music, dance theater and arts related businesses and services. Such colonies may
include a retail component in addition to the live/work spoce provided.
Attached. Any structure that has an interior wall or roof in common with another structure.
Automobile Sales Lot. An open area used for the display, sale andlor rental of new or used
automobiles.
Automobile Service Station. An area which provides for the servicing or fueling of motor
vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies
related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor
vehicle washing, grease racks, and motor vehicle repairs, excluding body and fender work,
engine overhauling and replacement, transmission work and other similar activities.
Automobile Wreckine. The wrecking or dismantling of motor vehicles or trailers, or the
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BASIC PROVISIONS - 19.02
Lot Denth. The average distance between the front and rear lot lines or between the front line
and the intersection of the two side lines, if there is no rear line.
Lot Frontal!:e. The portion of the lot contiguous to the street.
Lot Line. Any boundary of a lot. The classifications of lot lines are:
Front. On an interior lot, the line separating the parcel from the street. On a comer
lot, the shorter lot line abutting a street. (If the lot lines on a comer lot are equal in
length, the front lot line shall be determined by the Director.) On a through lot, the lot
line abutting the street providing the primary access to the lot.
Interior. Any lot line not abutting a street.
Rear. A lot line, not intersecting a front line, which is most distant from and most
closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot
bounded by only three lot lines, a line within the lot having a length of 10 feet, parallel
to and most distant from the front lot line shall be interpreted as the rear lot line for the
purpose of determining required yards, setbacks, and other provisions of this
Development Code.
Side. Any lot line which is not a front or rear lot line.
Lot Width. The horiwntal distance between the side lot lines, measured at right angles to the
lot depth at a midway point between the front and rear lot lines.
Manufactured Home. A factory built or manufactured home including mobile homes, as
permitted by State of California and Federal laws.
Median. A paved or planted area separating a street or highway into 2 or more lanes of
opposite direction of travel.
Microbrewery. A small scale production of beer, with or witJUJut food service, including on-site
storage ami shipping of products produced on the premises, food service may be provided
ancillary to the use.
Mixed Use Develonment. 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 imiividual providing sales of retail and/or food items from a moveable cart
in a public place.
Motel. Guest rooms or suites occupied on a transient basis, with most rooms gaining access
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KC-997
BASIC PROVISIONS - 19.02
Roundine: of Ouantities. The consideration of distances, unit density, density bonus
calculations, or other aspects of development or the physical environment expressed in numerical
quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest
highest whole number when the fraction is .5 or more, and to the next lowest whole number
when the fraction is less than .5, except as otherwise provided in this Development Code.
Sales and Production Q{ Handicrqft Items. Small scale sales and production of products made
from materials including, but not limited to, clay, glass, plaster, precious metals, stone and
wood.
Satellite Dish Antenna. An apparatus capable of receiving or transmitting communications
from a satellite.
School. An institution of learning for minors, whether public or private, which offers
instruction in those courses of study required by the California Education Code or which is
maintained pursuant to standards set by the State Board of Education. This definition includes
a nursery school, kindergarten, elementary school, junior high school, senior high school or any
special institution of Education, but it does not include a vocational or professional institution
of higher education, including a community or junior college, college, or university.
Second Dwellin2 Unit. An additional dwelling unit which may be rented, and the floor area
of the attached second dwelling unit does not exceed 30 percent of the existing living area of the
primary residence or the floor area of the detached second dwelling unit does not exceed 1,200
square feet on a lot designated as residential, as defined in Government Code Section 65852.2.
Senior Cone:ree:ate Care Housin2. A structure(s) providing residence for a group of senior
citizens (60 years of age or more) with central or private kitchen, dining, recreational, etc.
facilities with separate bedrooms andlor living quarters.
Setback. The required distance that a building, structure, parking or other designated item must
be located from a lot line.
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KC-997
COMMERCIAL DISTRICTS - 19.06
C. AKl1ST COWNY
Artist colonies may be established in the CR-2 land use district subject to
Conditional Use Permit review and shall be constructed in the following manner'
1 The minimum unit size of a live/work space shall be 750 square feet.
2. All on-site parking shall comply with provisions of Chapter 19.24 (Off-
Street Parking). Pavers or grass-crete may be used to provide temporary
parking in open space areas provided all landscape requirements are met.
3. Hazardous activities including but not limited to welding, openjlame, or
storage of jlammable liquids shall be prohibited in a live/work space
withaut specific written approval from the Fire Department, which may
impose the appropriate requirements for such approval.
D. AUTOMOBILE SALES
Automobile sales dealerships, new andlor used, in the City must conform with
the intent of this Development Code and shall enhance and promote the image of
the City A Conditional Use Permit shall be required, and all dealerships must
be constructed in the following manner'
1 The minimum site area shall be 15,000 square feet, except CR-4 where
I acre minimum is required.
2. All parts, accessories, etc., shall be stored within a fully enclosed
structure.
3. Service and associated car storage areas shall be completely screened from
public view.
4 All on-site lighting shall be stationary and directed away from adjoining
properties and public rights-of-way.
5 All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
6. All on-site signage shall comply with the provisions of Chapter 19.22
(Sign Standards).
7 All loading and unloading of vehicles shall occur on-site and not in
adjoining streets or alleys.
8. All vehicles associated with the business shall be parked or stored on-site
and not in adjoining streets and alleys.
9 An adequate on-site queuing area for service customers shall be provided.
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COMMERCIAL DISTRICTS - 19.06
J. INDOOR RETAIL CONCESSION MALLS
Indoor retail concession malls are subject to a Conditional Use Permit and shall
comply with the following standards:
1 Additional refuse containers may be required.
2. A centralized loading area is required.
3. A parking study may be required which addresses available off-street
parking for establishments which are proposed for tenant suites within
existing multi-tenant, commercial centers.
4. Indoor retail concession malls shall be considered to be one tenant for
purposes of Development Code sign standards. MC 825 3/17/92.
K. MICROBREWERY
Microbreweries may be established subject to Conditional Use Permit review and
shall be constructed in the following manner-
1 Microbreweries shall be permitted only on parcels located within both the
CR-2 land use district and the Main Street Overlay.
2. 50% of the total building square footage may be used for production and
storage of beer produced on the premises.
3. Accessory uses may include but are rwt limited to food/beverage service
and live entertainment and are subject to a Conditional Use Permit.
4. All on-site parking shall comply with provisions of Chapter 1924 (Off-
Street Parking).
5. All on-site signage shall comply with the provisions of Chapter 19.22
(Sign Standards).
6. Service access shall be located at the rear or side of structure(s) and as
far as possible from odjoining residential uses.
L. MINI-MALLS
Mini-malls (small scale, up to 30,000 square feet, multi-tenant shopping centers)
are subject to a Conditional Use Permit and shall comply with the following
standards:
1 All development and operational standards outlined in Section
19.06.030(2)(F)(Convenience Stores), except for item Nos. 4 and 17 shall
apply
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COMMERCIAL DISTRICTS - 19.06
8. All storage shall be located within a fully enclosed structure(s).
9 No flammable or otherwise hazardous materials shall be stored on-site.
10. Residential quarters for a manager or caretaker may be provided in the
development.
11 The development shall provide for 2 parking spaces for the manager or
caretaker, and a minimum of 5 spaces located adjacent or in a close
proximity to the manager's quarters for customer parking.
12. Aisle width shall be a minimum of 25 feet between buildings to provide
unobstructed and safe circulation.
13. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public Works
Department standards and be of sufficient size to accommodate the trash
generated. The receptacle(s) shall be screened from public view on at
least 3 sides by a solid wall 6 feet in height and on the fourth side by a
solid gate not less than 5 feet in height. The gate shall be maintained in
working order and shall remain closed except when in use. The wall and
gate shall be architecturally compatible with the surrounding structures.
14 Storage facilities located adjacent to residential districts shall have their
hours of operation restricted to 7:00 A.M. to 9'00 P.M., Monday through
Saturday, and 9:00 A.M. to 9'00 P.M. on Sundays.
N. MOBILE VENDORS
Mobile vendors may be established only in areas located within both the Main
Street Overlay subject to written approval by Main Street, Inc. Specific locations
shall be determined by Main Street, Inc.
O. MULTI-FAMILY HOUSING
Refer to Section 19 04 030(2)(L).
P. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and industrial
land use districts according to the following schedule:
Type of Facility
Districts Permitted
Permit Required
Reverse Vending
Machine(s)
All Commercial and
Industrial
Development Permit and
up to 5 reverse
vending machines
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COMMERCIAL DISTRICTS - 19.06
marked with the name and phone number of the facility
operator and the hours of operation.
15) No dust, fumes, smoke, vibration or odor above ambient
level shall be detectable from adjacent residentially
designated parcels; and
16) The facility shall maintain adequate on-site refuse
containers for the disposal of non-hazardous waste.
Q. SALES AND PRODUcnON OF HANDICRAJiT 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 land use district and the Main Street
Overlay.
2. The retail and service operations shall be contained within the main
structure which houses the primary use.
3. Retail and service operations shall occupy a minimum of 15% of the total
building square footage.
4. Accessory items not produced on site may be sold on the premises in
addition to those products mamifactured, warehoused and/or assembled
on the premises.
5. Outside storage of materials shall be prohibited.
R. SENIOR CITIZEN/CONGREGATE CARE HOUSING STANDARDS
Refer to Section 19.04 030(2)(Q).
S. SERVICE STATION (GASOLINE) STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply with the
following standards:
1 New service stations shall be permitted only at the intersections of major
and secondary arterials, and along major or secondary arterials with
freeway off-ramps within the Freeway Corridor Overlay District. Stations
within the Freeway Corridor Overlay shall only be located at the
intersection of the arterial with the freeway on- and off-ramps or with
streets forming the boundary of the Freeway Corridor Overlay District.
A maximum of 2 service stations shall be permitted at each intersection,
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