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HomeMy WebLinkAboutMC-538 , I ORDINANCE NO. Me 538 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO ADOPTING AN OVERLAY ZONE IMPOSING ARCHITECTURAL 3 DEVELOPMENT STANDARDS FOR THE VICINITY OF FORTIETH STREET AND SIERRA WAY. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 4 6 SECTION 1. Recitals. 7 A. The Mayor and Common Council reviewed and considered an 8 architectural development overlay zone on July 7, 1986. 9 B. There is need for supermarkets and for neighborhood 10 convenience shopping centers to serve surrounding residential II 12 13 14 15 areas. C. The area which is the subject of this overlay zone is blighted and the proposed architectural development standards will be an asset to the community by upgrading the area both aestheticly and economically. 16 SECTION 2. The Mayor and Common Council hereby adopt an 17 overlay zone imposing architectural development standards for the 18 vicinity of Fortieth Street and Sierra Way in the City of San 19 Bernardino. The overlay zone shall contain the following 20 provision: 21 The property subject to the architectural development 22 overlay zone is located at the northwest corner of the 23 intersection of Fortieth Street and Sierra Way, on property 24 described in Exhibits A-I, A-2, A-3, A-4, A-5, A-6, and A-7, 25 attached to and incorporated in City Resolution No. 86-285, and 26 in the site plan labeled Exhibit B attached to and incorporated 27 in said resolution. 28 1 .oil M.c';'538 I 1 SECTION 3. Utilities. All water drainage systems or 2 structures, water mains, sewers, water sprinkler system lines, 3 telephones or electrical conduits or systems, gas mains, and 4 other public utilities instrumentalities shall be installed and 5 maintained below the ground level of the property. SECTION 4. Right to Construct. 6 7 A. Development. All of the area within the Real Property 8 to be used in common shall be referred to as .Common Area", and 9 said Common Area includes all areas within the Real Property 10 other than "Building Areas;" said Common Area is delineated on 11 the plot plan which is Exhibit B hereto; said Common Area has 12 been or shall be developed substantially as shown on said Exhibit 13 B; and said Common Area shall not be used for any other purpose 14 than the parking of motor vehicles and their ingress and egress 15 and the ingress and egress of pedestrians; provided that: 16 1. The area outlined in red directly in front of the 17 building shown as cross-hatched on Exhibit B hereto may be used 18 by the occupant of said building for the sale of Christmas trees 19 from December 1 through December 24 of each year and for its 20 annual spring patio sale for any three (3) consecutive week 21 period during each year; and 22 2. The occupant of the building shown as cross-hatched 23 on Exhibit B hereto may establish and operate in the portion of 24 the Common Area designated as single-hatched on Exhibit B hereto 25 a recycling center for the collection of items intended for 26 recycling, such as (but not limited to) aluminum cans and 27 bottles, upon giving written notice thereof to the Director of 28 Planning. 2 MC"':S38 J 1 2 3 4 B. No building or structure of any kind shall be erected on any portion of the Real Property except upon those portions designated "Building Area" on Exhibit B hereto; provided, that there may be constructed and maintained upon or over said Common 5 Area a canopy or canopies or exterior building facia projecting 6 from such Building Area; normal foundations and doors for ingress 7 and egress may project from such Building Areas; and signs may be 8 erected upon said canopy or canopies, or exterior building facia, 9 so long as said signs do not obstruct the signs of any other 10 owner or owner's tenant of the Real Property. No signs other 11 than the signs provided for hereinabove, directional signs for 12 guidance upon the parking and driveway area, and signs at the 13 locations shown on Exhibit B hereto, shall be erected or 14 maintained upon the Common Area or Building Area of the Real 15 Property, except such as obtain the written approval of one 16 hundred percent (100%) of the owners of the Real Property and the 17 tenant of the building within the area shown as cross-hatched on 18 Exhibit B hereto. 19 C. No building or structure shall be hereafter erected on 20 the Real Property which shall exceed one (1) story in height, nor 21 shall any such building or structure exceed twenty-three (23) 22 feet in height, except the building shown as cross-hatched on 23 Exhibit B. 24 D. In the development and use of the Real Property there 25 shall not be established or maintained any building, structure or 26 area for the transaction of business, whether for retail sales or 27 other purposes, for which there shall not be established and 28 maintained a Common Area containing approximately three (3) 3 ~~ KC-538 I I square feet of parking, driveway, sidewalk and landscaping area 2 for each one (1) square foot of floor area of all buildings, 3 structures or areas to be used for commercial purposes in the 4 Real Property, provided that in the event the plot plan which is 5 Exhibit B hereto provides for parking, driveway, sidewalk and 6 landscaping facilities in a ratio other than a ratio of three (3) 7 square feet of parking, driveway, sidewalk and landscaping area 8 for each one (1) square foot occupied by buildings, then, in the 9 event, such plot plan shall prevail notwithstanding the above 10 provision concerning such ratio. II 12 SECTION 5. Restrictions on Use. A. No portion of the Real Property other than the building 13 within the area shown as cross-hatched on Exhibit B hereto shall 14 be occupied or used, directly or indirectly, for the purposes of 15 a general market or a grocery store, meat market, fish market, 16 fruit store, vegetable store, delicatessen, store selling 17 alcoholic beverages for off premises consumption, prescription 18 pharmacy, or any combination thereof; provided, however, that the 19 foregoing shall not apply to the sale of meat, poultry, fish, 20 grocery items and/or beer and wine for on-premises consumption 21 only by one (1) delicatessen so long as such delicatessen does 22 not occupy more than three thousand five hundred (3,500) square 23 feet of the Real Property which can only be located within the 24 buildings designated A, C, D, E, F and G on Exhibit B hereto. 25 Furthermore, however, the foregoing restrictions shall not apply 26 to the operation of one (1) restaurant of up to four thousand 27 (4,000) gross square feet, including the sale of alcoholic 28 beverages on sale license, provided that the foregoing is located 4 KC-538 ., ~'7'r. ,.-, '. ",'F' ) 1 2 3 4 5 6 in the northerly forty (40) feet of the building designated as Building D on Exhibit B hereto or the easterly one hundred (100) feet of the building designated as Building~ E, F and G as designated on Exhibit B hereto. B. The restrictions set forth in Subsection A above shall not apply to the existing businesses; however, if these 7 businesses cease operation, and their successors do not use the premises for the same or similar use, the restrictions of 8 9 10 11 Subsection A above shall apply to their successors. c. No portion of the Real Property shall be occupied or used, directly or indirectly, for the purposes of an office 12 building, entertainment or recreational facility or a training or 13 educational facility; provided, however, that the foregoing shall 14 not apply to the use of the northerly forty (40) feet of the 15 building designated as Building D on Exhibit B hereto nor to the 16 easterly one hundred (100) feet of the building designated as 17 Building E on Exhibit B hereto as offices for service oriented activities such as those performed by a travel agent, finance 18 19 company, real estate broker or insurance agent. As used herein, 20 "entertainment or recreational facility" includes, but is not 21 limited to, a bowling alley, skating rink, theater, billiard 22 room, health spa or studio, massage parlor, amusement arcade, bar 23 or tavern, or gymnasium or any other place of public amusement; 24 and "training or educational facility" includes, but is not 25 limited to, a beauty school, barber college, place of 26 instruction, reading room, or any operation catering primarily to 27 students or trainees rather than to customers, it being the 28 5 p....~ \,. :~\..\..^_\:...., v, :..... KC-"S38 I 2 3 4 intent of this provision that the parking and other common facilities should not be burdened by either large scale or protracted use. D. Duration. Except as otherwise provided herein, each 5 easement is considered to be in perpetuity and each other 6 covenant, setback line, restriction and undertaking of this 7 document shall be for the term of forty (40) years from the date 8 hereof. 9 E. Injunctive Re~. In the event of any violation or 10 threatened violation by any owner, lessee, or occupant of any II portion of the Real Property of any of the terms, covenants, 12 restrictions and conditions contained herein, in addition to the 13 other remedies herein provided, any or all of the owners and 14 tenants of the property included within the Real Property shall 15 have the right to enjoin such violation or threatened violation 16 in a court of competent jurisdiction. 17 F. Not a Public Dedication. Nothing herein contained shall 18 be deemed to be a gift or dedication of any portion of the Real 19 Property to the general public or for the general public or for 20 any pUblic purposes whatsoever, it being the intention that this 21 resolution shall be strictly limited to and for the purposes 22 herein expressed. 23 G. Violation. Any violation of the terms of this Ordinance 24 shall be an infraction and shall be enforced by the zoning 25 enforcement officer and otherwise shall be treated like any other 26 zoning violation. 27 SECTION 6. No color scheme or exterior building materials 28 other than those shown on Exhibit C, on file with the Director of Planning, shall be used. 6 MC-'i38 1 . SECTION 7. No architectural elevation other than shown on 2 Exhibit E on file with the Director of Planning shall be used. 3 SECTION 8. The maximum building coverage of all buildings 4 on all lots shall not exceed thirty-three percent (33%) of the 5 total site area, exclusive of public rights of way. 6 I HEREBY CERTIFY that the foregoing ordinance was duly 7 adopted by the Mayor and Common Council of the City of San 8 Bernardino at a rPol)l1 1 ~r meeting thereof, held on the , 1986, by the following vote, to 9 10 wit: 11 12 13 14 15 16 17 18 19 of 20 19th day of August AYES: Council Members F.qrrAnA Rpilly Hp.rn~nnp.7., M;::arkc::. Qn;p.l. F'r;':l7.;pr . ~rrirklpr NAYS: T\Tnno ABSENT: D-Tor~ .~ Iffl' _ ~~:H//:/:;'~ ~'~ 2-~ City Clerk The foregoing ordinance is hereby approved this 21st day August , 1986. ~ ------ ----_..-. the City of San ardino 21 Approved as to form: 22 Pro Tempore .:7,~ _1 . # c7 //(~ /I'r ,,~.u . 24 City Attorney 23 25 26 27 28 7