HomeMy WebLinkAboutMC-825
1
Ordinance No.
MC-825
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19.02.050, 19.06.020, TABLE 06.01(G), 19.06.030(1) (B),
3 19.06.030(2), AND 19.24.040 OF THE SAN BERNARDINO MUNICIPAL
(DEVELOPMENT CODE) TO PERMIT INDOOR RETAIL CONCESSION MALLS IN THE
4 COMMERCIAL GENERAL (CG-1, CG-2, CG-4) AND COMMERCIAL HEAVY (CH)
LAND USE DISTRICTS CITYWIDE, AND TO PROVIDE STANDARDS BY WHICH THE
5 USE MAY BE ESTABLISHED.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
7
SECTION 1. Page 1-14, section 19.02.050, DEFINITIONS, is
8 amended as follows:
9 [See Exhibit lA, (Page 1-14 of the Development Code) attached
hereto and incorporated herein by reference.]
10
11
12
13
14
a)
Add "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 charged. Individual licensed vendors shall be
permitted to engage in sales of either new or used
merchandise.".
15 SECTION 2. Page 1-23, section 19.02.050, DEFINITIONS, is
amended as follows:
16 [See Exhibit IB, (Page 1-23 of the Development Code) attached
17 hereto and incorporated herein by reference.]
18
a)
Delete the words" indoor or" from the definition of "Swap
Meets".
19
SECTION 3. Page 11-70, section 19.06.020, Table
20 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED
amended as follows:
06.01(G),
USES, is
21
[See Exhibit 1C, (Page 11-70 of the Development Code) attached
22 hereto and incorporated herein by reference.]
23
a)
Add: "539B. Indoor Retail Concession Mall";
24
25 IIII
26 IIII
27
28
b)
Place a "C" under CG-1, CG-2, CG-4 and CH columns.
IIII
IIII
1
MC-825 .
SECTION 4. Page 11-90, section 19.06.030(1) (B), Table 06.03
OMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, as follows:
1
2
3
4
5
[See Exhibit 1D, (Page 11-90 of the Development Code) attached
ereto and incorporated herein by reference.]
6
SECTION 5. Page 11-102, Section
7 DISTRICT SPECIFIC STANDARDS as follows:
8
a)
b)
c)
Reletter Items I through Q to read J through R.
Add New Item I, "Indoor Retail Concession Malls";
Add a "+" in the columns under CG-1, CG-2, CG-4 and CH.
19.06.030(2) ,
LAND USE
[See Exhibit 1E, (Pages 11-102, II-102A, 11-103, 11-104, 11-
9 114, and 11-117, of the Development Code) attached hereto and
incorporated herein by reference.]
10
11
12
13
14
15
16
17
18
19
20
a)
b)
On Pages 11-102, 11-103, 11-104, 11-114, and 11-117,
Reletter Items I through 0 to read J through P.
Add New Item I, "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."
21 SECTION 6. Page III-53, Section 19.24.040, NUMBEROFPARKING
SPACES REQUIRED, is amended as follows:
[See Exhibit 1F, (Page III-53 of the Development
23 attached hereto and incorporated herein by reference.
24
22
25
26
27 IIII
28 / / /
Code)
a)
Add "Indoor Retail Concession Malls" after "Hotel/motels"
in the USE column; and
b)
next to it, in the NUMBER OF REQUIRED SPACES column, add,
"1 space per 200 square feet per gross floor area, plus
1 space per vendor space.".
2
MC-825
1 ORDINANCE.. . AMENDING SECTIONS 19.02.050,19.06.020, TABLE 06.01(G),
19.06.030(1) (B), 19.06.030(2), AND 19.24.040 OF THE SAN BERNARDINO
2 MUNICIPAL (DEVELOPMENT CODE) TO PERMIT INDOOR RETAIL CONCESSION
MALLS IN THE COMMERCIAL GENERAL (CG-1, CG-2, CG-4) AND COMMERCIAL
3 HEAVY (CH) LAND USE DISTRICTS CITYWIDE, AND TO PROVIDE STANDARDS
BY WHICH THE USE MAY BE ESTABLISHED.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
5 by the Mayor and Common Council of the City of San Bernardino at
6 regular meeting therefore, held on the 16th day of
a
7 March 1992, by the following vote, to wit:
,
8 Council Members: AYES NAYS ABSTAIN ABSENI'
9 ESTRADA x
- -
10 REILLY x
- -
11 HERNANDEZ x
- -
12 MAUDSLEY x
- -
13 MINOR x
- -
14 POPE-LUDLAM x
- -
15 MILLER x
- -
16
17
18
19
20
21
22
23
24
25
26
27
28
of
Q~~~~
City Clerk 0
The foregoing ordinance is hereby approved this ~. ' day
March , 1992. . /. .
/
~/ ,/f ___"I t' J
~<:~~~~i\~~'/
city of\San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: ~/I'__ 1 J&/j..z~~
/)
Lr_
3
Me 825
BASIC l'ROVlSIONS -19.02
Gross Floor Area. The area included within the surrounding exterior finish 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 StoI:Y. 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 OCCl.\Pation. An activity conducted in compliance with Chapter 19.54 carried out
by an occupant conducted as an accessory use within the primary dwelling unit.
Hospital. An institution, designed within an integrated campus setting for the diag-
nosis, care, and treatment of human illness, including surgery and primary'treatment.
&tcl. Guest rooms or suites occupied on a transient basis, with most rooms gaining ac-
cess from an interior hallway.
Indoor Retail Concession Mall. *(See Below)
Infill Development. Development that occurs on up to 4 contiguous vacant lots scat-
tered within areas that are already largely developed or urbanized. Generally, these
sites are vacant because they were once considered of insufficient size for development,
because an existing building located on the site was demolished or because there were
other, more desirable sites for development.
Junk and Salvage Facility. Primary or accessory use of structures and/or land for
storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any
sort.
Kennel. Any lot where 4 or more dogs, cats, or other small animals over the age of 4
months are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting,
including places where said animals are boarded, kept for sale, or hire.
Kitchen. Any room, all or part of which is designed and/or used for storage, refrigera-
tion, cooking and the preparation of food.
T .andsca,ping. An area devoted to or developed and maintained predominantly with na-
tive or exotic plant materials including lawn, groundcover, trees, shrubs, and other
plant materials; and also including accessory decorative outdoor landscape elements
such as pools, fountains, paved or decorated surfaces (excluding driveways, parking,
loading, or storage areas), and sculptural elements.
Land Use Zoning District. A portion of the City within which certain uses of land and
structures are defined, and regulations are specified.
* 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 concessio~ or
leased floor area and/or wall space for which a fee, commission or
lease is charged. Individual licensed vendors shall be permitted
to engage in sales of either new or used merchandise.
1-14
EXHIBIT lA
2/92
- '...., ~.' -' ..:....-
C;ta61;~vate. An accessory structure for the keeping of horses or ponies for the use
of occupants of the premises.
Standard Industrial Classification (SIC) System. The classification of establishments by
type of activity which is determined by its prindpal product or group of products
produced or distributed, or services rendered. The purpose of the system is to facilitate
the collection, tabulation, presentation and analysis of data relating to the estab-
lishments. This system is detailed in the Federal Office of Management and Budget's
Standard Industrial Classification Manual, as amended.
Stora~. A space or place where goods, materials and/or personal property is put for
more than 24 hours.
~. That portion of a building included between the surface of any floor and the sur-
face of the floor next above it, or if there is no floor above it, then the space 'between
such floor and the ceiling above it.
Stt=t. Any public or private thoroughfare, which affords a primary means of access to
abutting property.
C;trnmm'. Anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground.
Swap Meets. Any outdoor place, location, or activity where new or used
goods or secondhand personal property is offered for sale or exchange to the general
public by a multitude of individual licensed vendors, usually in compartmentalized
spaces; and, where a fee may be charged to prospective buyers for adfmission, or a fee
may be charged for the privilege of offering or displaying such merchandise. The term
swap meet is interchangeable with and applicable to: flea markets, auctions, open air
markets, farmers markets, or other similarly named or labeled activities; but the term
does not include the usual supermarket or department store retail operations.
Temporal:}' Use. A use established for a specified period of time, with the intent to dis-
continue the use at the end of the designated time period.
Traffic Safety Sight Area. A space that is set aside on a comer lot in which all visual
obstructions, such as structures and plantings, that inhibit visibility and thus cause a
hazard to traffic and pedestrian safety are prohibited.
Transient Basis. A continuous period of 2 weeks or less.
~. The purpose (type and extent) for which land or a building is arranged, designed,
or intended, or for which either land or a structure is occupied or maintained.
Use Initiation. The implementation of a use on a parcel or occupancy of a structure, or
construction of substantial site improvements after a building permit has been issued,
subject to determination by the Director.
1-23
Exhibit 1 a
2/92
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MC-825
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COMMEROAL DISTRICTS -19.D6
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D-90
Exhibit lD
2/92
COMMERCIAL DISTRICTS .19.ll6
MC-825
9.
Menu boards shall be a maximum of 30 square feet, with a maximum
height of 7 feet, and shall face away from the street.
10. Drive-thru restaurants within an integrated shopping center shall
have an architectural style consistent with the theme established in
the center. The architecture of any drive-thru restaurant must pro-
vide compatibility with surrounding uses in form, materials,
colors, scale, etc. Structure plans shall have variation in depth and
angle to create variety and interest in its basic form and silhouette.
Articulation of structure surface shall be encouraged through the
use of openings and recesses which create texture and shadow pat-
terns. Structure entrances shall be well articulated and project a for-
mal entrance through variation of architectural plane, pavement
surface treatment, and landscape plaza.
11. No drive-thru aisles shall exit directly onto a public right-of-way.
I. Indoor Retail Concession Malls * (See Page II-I02A)
J. 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 items Nos. 4 and
17 shall apply.
2. The development shall provide internal continuity, uniformity,
and compatibility relating to architectural design, vehicular and
pedestrian access, and on-site provisions for landscaping, loading,
parking, and signage.
3. To the extent feasible, the on-site vehicular circulation system
shall provide continuity with adjacent and similar commercial
developments.
4. No outdoor displays or sale of merchandise shall be permitted.
However, limited outdoor sales may be allowed subject to the is-
suance of a Temporary Use Permit.
5. 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 receptacles(s) shall be
n-102
Exhibit lE-l
2/<:;2
-)
~
-
. MC-825
*
1.
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.
Page II-I02A
- u_-l
I
2/92
COMl'vfERClAL DISTRICTS -19.06
MC-825
screened from public view on at least 3 sides by a solid wall 6 feet
in height and on the fourth side by a ",lid 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 ar-
chitecturally compatible with the surrounding structures.
''Ii'
K.
MINI-STORAGE
Mini-storage fadlities are subject to a Conditional Use Permit and shall
be constructed in the following manner:
1. The minimum site area shall be 20,000 square feet.
2. The site shall be entirely paved, except for structures and land-
scaping.
3. All on-site lighting shall be energy efficient, stationary and directed
away form adjoining properties and public rights-of-way.
4. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chap~ 19.28 (Landscaping Stand-
ards).
5. All on-site signage shall comply with the provisions of Chapter
19.22 (Sign Standards).
6. The site shall be completely enclosed with a 6 foot high solid
decorative masonry wall, except for points of ingress and egress (in-
cluding emergency fire access) which shall be properly gated. The
gate(s) shall be maintained in good working order and shall remain
closed except when in use.
7. No business activity shall be conducted other than the rental of
storage spaces for inactive storage use.
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.
n-l03
Exhibit lE-2
'2/92
'.
COMMERCIAL DISTRICI'S -19.06
MC-825
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 park-
ing.
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 accom-
modate the trash generated. The receptacles(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 architectural-
ly 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 Sun-
days.
L. MULTI-FAMILY HOUSING
Refer to Section 19.04.030 (2)(1<).
M. RECYCLING FAOLmES FOR REUSEABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and in-
dustrialland use districts according to the following schedule:
T~ of Facility
Reverse Vending
Machine(s)
Districts P~rmittM
All Commercial and
All Industrial
Permit Required
Development Permit and
up to 5 reverse vending
machines
Small Collection
CG-l, CG-2,
CR-3 (So. of
1-10) and All Industrial
Development Permit
Large Collection
CH and All
Industrial
Conditional Use Permit
Ught Processing
All Industrial
Conditional Use Permit
Heavy Processing
All Industrial
Conditional Use Permit
a-11M
Exhibit lE 3
2/92
\-V:yL't'l-C.t\.....U"\..... Ul::J.i. lUeT;:, - 19,00
MC-825
13) Donation areas shall be kept free of litter and any
other undesirable material. The containers shaII be
clearly marked to identify the type of material that
may be deposited. The facility shaII display a notice
stating that no material shaII be left outside the recy_
cling containers;
~
14) Signs shaII be installed pursuant to Chapter 19.22
(Sign Standards). AdditionaIIy, the facility shall be
clearly 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 shaII be detectable from adjacent
residentially designated parcels; and
16) The facility shaII maintain adequate on-site refuse
containers for the disposal of non- hazardous waste.
N. SENIOR OTIZEN/CONGREGATE CARE HOUSING STANDARDS
Refer to Section 19.04.030 (2)(P).
o. SERVICE STATION (GASOLINE) STANDARDS
Service stations are subject to a Conditional Use Permit and shaII comply
with the following standards:
I. New service stations shaII be permitted only at the intersections
of major and secondary arterials, and their intersections with
freeway off-ramps. A maximum of 2 service stations shaII be per-
mitted at each intersection. The use shall not adjoin a residential
land use district.
2. The minimum parcel size shaII be 15,000 square feet, with a
minimum street footage of 100 feet on each street.
3. All activities and operations shaII be conducted entirely within an
enclosed structure, except as follows:
a. The dispensing of petroleum products, water and air from
pump islands.
b. The provision of emergency service of a minor nature.
0-114
Exhibit lE-4
.2/92
.
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CO.\1.\<ItK\..LAL Dl:, r Rl\.. ",. i"vI>
-
MC-825
20. Where an existing service station adjoins property in a
residential land use district, a 6 foot high decorative masonry wall
shall be constructed at the time the station requires a permit for the
on-site improvement/modification. Materials, textures, colors and
design of the wall shall be compatible with on-site development
and adjoining properties. When the wall reaches the established
front-yard setback line of a residentially designated lot abutting or
directly across an alley from the service station, it shall decrease to
a height of 30 inches.
21. Restroom entrances viewable from adjacent properties or
public rights-of-way shall be concealed from view by planters or
decorative screening.
22. Noise from bells or loudspeakers shall not be audible beyond
the property line at any time.
23. All parking, loading, circulation aisles, and pump island bay areas
shall be constructed with (PCC) concrete.
24. No pump nozzle on self-service islands shall be equipped. with hold
open devices.
P . SERVICE STATION CONVERSIONS
A structure originally constructed as a service station and which is
proposed for conversion to another allowable use shall require upgrading
and remodeling for such items as, but not limited to, removal of all
gasoline appurtenances, removal of canopies, removal of pump islands,
removal of gas tanks, removal of overhead doors, additional street im-
provements or modification of existing improvements to conform to ac-
cess regulations, exterior remodeling, and any additional standards as re-
quired by this Development Code.
Q. SINGLE FAMILY/OFFICE CONVERSIONS
R. SINGLE ROOM OCCUPANCY (SRO) FACILITIES
II-117
Exhibit lE-5
2/92
OFF-STREIT P A.RKI"G ST A.'DARDS -19.24
Me 825
ll$
~ Commercial Uses
Hotels!motels
Indoor Retail Concession
Mqlls *(See Below)
Luoe-n-tune
Multi-tenant auto-related
facilities
Offices, general:
}
gfa. up to 2000 sf.
2001 to 7500 sf.
7501 to 40000 sf.
40001 and greater
Office, medical! dental
Restaurants, cafes, bars
and other eating and
drinking establishments
(gfa. includes outdoor
seating! eating area)
Restaurants, with drive-up
or drive-thru facilities
(including outdoor seating areas)
Delicatessen! donut shop
")
Retail commercial
* Indoor Retail Concession
Malls
NUMBER OF REOUIRED SPACES
1.1 space for each bedroom, plus
requirements for related commer-
cial uses, plus 1 space for each
50 sf. of gfa. of main assembly
room, plus 2 spaces for manager's
unit. For facilities visable from
any freeway, on-site parking for
"big rigs" shall be determined at
project review.
I space per bay, plus 1 space for
each employee, plus 2 space
queueing lanes for each bay.
I space for each 200 sf. of gfa.,
plus 1 space for each employee.
1 space for each 200 sf.
1 space for each 250 sf.
1 space for each 300 sf.
I space for each 350 sf.
10 spaces for first 2000 sf. ,plus
1 space for each additional 175
sf. over 2000 sf.
1 space for each 35 sf. of public
seating area, plus 1 space for
each 200 sf. of all other gross
floor area, with a minimum of 10
spaces.
1 space for each 100 sf. of gfa. plus one lane for
each drive-up window with stacking space for
6 vehicles before the menu board.
1 space for each 100 sf. of gfa.
1 space for each 250 sf. of gfa.
1 space per 200 sq. ft. per gross floor
area plus I space per vendor space.
III -53
Exhl;)lt ~_
2/92