Loading...
HomeMy WebLinkAbout42-Planning & Building ,--- CITY OF SAN BER~bINO - REQUEST eR COUNCIL ACTION From: Al Boughey, Director Development Code Amendment No. 91-07, To Su~ect:permit indoor retail concession malls in th CG-1, CG-2, CG-4, Commercial General and CH Commercial Heavy land use districts Citywid and to provide standards by which the use may be established. Mayor ana Co~on Council Meeting Februarv 3. .J..:t~2 Dept: Planning & Building Services Daw: January 16, 1992 Synopsis of Previous Council action: January 7, 1992 The Planning Commission recommended approval of DCA 91-07. November 18, 1991 The Mayor and Common Council directed staff to prepare a recommendation on a Development Code Amendment to permit swap meets in the Commercial General land use designations, as well as any other appropriate designations. The Development Code was adopted and swap meets (indoor and outdoor) were permitted in the CG-4, CH, IL and IH designations. June 3, 1991 Recommended motion: That the hearing be closed and the ordinance be adopted. Al Al Boughey Contact person: h d Staff Report & Ordinance Supporting data attac e : FUNDING REOUIREMENTS: Amount: $25.00 Phone: 384-5357 Ward: Citywide Source: (Acct. No,) 001-171-53150 (Acct. Descriotion) Professional Services (~ JJ~ Finance: Council Notes: 7"i_O?6:? AQenda Item No. 4'2 CITY OF SAN BERNARDINO - . REQUEST FOR COUNCIL ACTIOtt . STAFF REPORT Subject: Development Code Amendment No. 91-07 A proposed amendment to the Development Code to permit indoor retail concession malls in the CG-1, CG-2, CG-4, Commercial ~eneral and CH, Commercial Heavy, General Plan land use designations, and to provide standards by which the use may be established. Mayor and Common council Meeting January 21, 1992 REOUEST This amendment is to allow indoor swap meets in the CG-1, CG-2 and CG-4, Commercial General and CH, Commercial Heavy land use designations and to establish standards for their development. BACKGROUND On August 21, 1990, the Mayor and Common Council determined that Union Discount store on Mill street and Inland Center Drive was not a swap meet and they were allowed'to operate in the CG-1 land use designation. During the adoption process on the Development Code, a definition of swap meet was formulated. The Planning Commission determined that land use impacts associated with many multiple vendors warranted the requirement to obtain a Conditional Use Permit. The Mayor and Council concurred and limited the districts where they would be permitted to the CG-4, CH, IL, and IH land use designations. The Union Discount store referenced above, is still in operation but has become nonconforming because swap meets are not permitted in this designation. On November 18, 1991, Mayor and Council directed Planning staff to prepare a recommendation on a Development Code Amendment to permit swap meets in the Commercial General land use designations, as well as any other appropriate designations. On January 7, 1992, The Planning Commission, based of Fact, recommended that the Mayor and Common D.C.A. No. 91-07, and add CH designation also. on the Findings Council approve CEOA STATUS Article 5, Section 15061 (b) (3) of the California Environmental Quality Act states that, in general, CEQA applies only to projects which could have a significant effect on the environment (Section 15378 defines zoning ordinance amendments as "projects"). Where it can be determined with certainty that no possibility exists for a project to have a significant effect on the environment, the project is not subject to CEQA. Because D.C.A. No. 91-07 would permit a use that is within the range of uses already permitted in the Development Code it is exempt from CEQA. 5.0264 Page 2 . . ANALYSIS The existing Development Code definition for swap meets reads as follows: Any indoor or 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 mul~tude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilage of offering or displaying such merchandise. The term swap meet is interchangable with and applicable to: fleamarkets, 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. Section 19.06.020, Table 06.01, the List of Permitted Uses, allows for the establishment of swapmeets in the CG-4, Commercial General, CH,Commercial Heavy, IL, Industrial Light and the IH, Industrial Heavy designations. Since swap meets are usually outdoor uses, they were only permitted in ~hese districts. The basic characteristics of indoor establishments (indoor swap meets) may vary from the characteristics of outdoor swap meets in that generally they do not charge for admission, they generally are not associated with special events or national, regional, municipal or charitable organizations, and generally are not operated on a transient basis but are permanent establishments with regular business hours (refer to the staff report to the Planning Commission dated January 7, 1992, attached as Exhibit 3). These differences supported staffs conclusion that multi-vendor establishments conducted indoors vary from typical outdoor swap meets. Staff proposes to separate the two and redefine indoor swap meets as Indoor Retail Concession Malls as follows. INDOOR RETAIL CONCESSION MALL Any indoor, multi-tenant, retail or discount mall, operated during regular business hours, without the benefit of a predominant tenant because the majority of square footage is used (or offered) for concession or leased floor area and/or wall space for which a fee, commission or lease is charged. Individual vendors shall be permitted to engage in sales of either new or used merchandise. Development Code Amendment No. 91-07 proposes a minor revision to the existing definition for swap meets in that the words "indoor or" would be deleted. Designations where swap meets would be permitted would remain the same (CG-4,CH,Il,IH). GENERAL PLAN CONSISTENCY The General Plan addresses new development, adaptive reuse and Page 3 . . renovation in accordance with the Land Use Plan (Objective 1.71). This amendment provides the opportunity for the reuse of existing, vacant structures. In addition, the proposal would include upgrading structures that may not meet Code requirements(1.22.33). Indoor retail concession malls are more adaptable as far as reusing existing buildings. DEVELOPMENT CODE REOUIREMENTS As discussed previously by the Planning Commission, there are land use impacts associated with many multiple vendors which warrant the requirement to obtain a Conditional Use Permit, specific impacts associated with land use compatibility are traffic circulation, parking, loading and refuse maintenence. Also there are public health and safety concerns over use of electricity and adequate corridor width. DEVELOPMENT CODE STANDARDS Also, Development Code. Amendment No. 91-07 provides the opportunity for future project applicants to understand the specific standards, in addition to the general requirements in the CG and CH land use designations, prior to filing an application with the City. Section 19.06.030 (2), Land Use Specific Standards would require an approved Conditional Use Permit. Specific standards proposed include increasing minimum requirements for refuse containers, requiring a centralized loading area, and defining indoor retail concession malls as one tenant for the purposes of Development Code sign standards. The specific standards list also addresses parking for establishments which are proposed for tenant suites within existing multi-tenant, commercial centers. The amendment would reference Section 19.24.040, Off-Street Parking Standards, in the Development Code, in that both the indoor and the outdoor establishments shall be subject to the existing swap meet parking requirements. In order for the Development Code to allow indoor retail concession malls in CG-1, CG-2, CG-4 and CH, it is necessary to amend it to include a definition, modify the current definition, add Indoor Retail Concession Mall to the list of permitted uses subject to a Conditional Use Permit and establish development standards as shown in the attachments to the ordinance. CONCLUSION Development Code Amendment No. 91-07 will implement Objectives and Policies lA, 1.71, 1.19, and 1.21.33 of the General Plan by allowing existing outdoor swap meets to continue, and by permitting new proposals for indoor retail concession malls in the CG-l, CG-2, CG-4 ,Commercial General Plan and CH, Commercial Heavy land use designations. Staff holds that the proposed amendment is exempt from CEQA, Article 5, Section 15061 (b)(3), because the amendment proposes to permit a use that is within the range of uses already permitted in j'l.a)UI a""" ...."""""....'. Page 4 ....... "'''.... " ,,--- ~ '''::;I "". . -..., ....-'.J ..., _....- . . the Development Code. The proposed amendment would make Indoor Retail Concession Malls subject to approval of a Conditional Use Permit; providing the opportunity to incorporate public comment into the process. Development Code Amendment No. 91-07 proposes that the project should be reviewed subject to the Standard Requirements of all the city's Departments and Divisions. Also, Development Code Amendment No. 91-07 proposes specific standards for indoor establishments which allows future applicants to understand the requirements prior to filing an application with the City. FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that the amendment would implement the following General Plan policies and Objectives II, 1.71, 1.19, and 1.21.33. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment would. allow existing outdoor swap meet establishments to continue' and permit new proposed indoor and outdoor establishments to be permitted, subject to the City's standard requirements and obtaining a Conditional Use Permit. MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council Amendment 91-07; or may approve Development Code The Mayor and Common Council may deny the amendment. RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the ordinance which permits indoor retail concession malls and establishes standards for their development. Denise S. Moonier for Al Boughey, Director Planning and Building Services Exhibits: 1. Ordinance A. Page 1-14, Development Code B. Page 1-23, Development Code C. Page 11-70, Development Code D. Page 11-90, Development Code E. Page 11-102, Development Code F. Page III-53, Development Code 2. Planning Commission Staff Report A. Findings of Fact Prepared by: CITY OF SAN BER DINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 5 1-7-92 CitywidE'> rr--. APPLICANT: City of San Bernardino DEVELOPMENT CODE AMENDMENT W rn NO. 91-07 C OWNER: Various (.) "--/ m A proposed Development Code Amendment to allow indoor :) swap meets (indoor retail concession malls) in the CG- 0 1, CG-2 and CG-4, Commercial General land use W desiqnations for their development. ee - c W ee c \,J ~ r r EXISTING GENERAL PLAN PROPERTY lAND USE ZONING DESIGNATION Citywide '" '" ( DYES * FLOOD HAZARD 0 YES 0 ZONE A * ) r "" GEOLOGIC I SEISMIC SEWERS: DYES * HAZARD ZONE: o NO ZONE: 0 NO 0 ZONE B o NO '" r 0 AIRPORT NOISE! 0 "" REDEVELOPMENT DYES * HIGH FIRE YES * [ YES* ( HAZARD ZONE: CRASH ZONE: PROJECT AREA: '" 0 NO 0 NO o NO r-- S ,.--.., r ..I o NOT o POTENTIAL SIGNIFICANT Z ~ APPROVAL ~ APPLICABLE EFFECTS WITH 0 MITIGATING MEASURES ~ 0 zrn NOE.l.R. CONDITIONS WCJ ~ EXEMPT 1I.C1 2z o E.I.R. REQUIRED BUT NO II.Z 0 DENiAl Z- SIGNIACANT EFFECTS CW OCl WITH MITIGATING ~I eel MEASURES 0 CONTINUANCE TO -II. 0 ~ o NO SIGNIFICANT o SIGNIFICANT EFFECTS fd W EFFECTS SEE ATTACHED E.R.C. MINUTES ) ee ... '--...I .,- ~ QT'I'ClI'''~ --...... h'b' PlNH.ll2 PMlE,QF, Ex ~ ~t 2 (4.90) ~ . CITY OF SAN BER_DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE .CA 91-07 5 1-7-92 2 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ,.. REOUEST This amendment is to allow indoor swap meets in the CG-1, CG-2 and CG-4, Commercial General land use desiqnations and to establish standards for "their development. BACKGROUND On August 21, Discount store swap meet and designation. During the adoption process on the Deve1ppment Code, a definition of swap meet was formulated. The Planning commission determined that land use impacts associated with many multiple vendors warranted the requirement to obtain a Conditional Use Permit. The Mayor and Council concurred and limited the districts where they would be permitted. The Union Discount store referenced above, is still in operation but has become nonconforming because swap meets are not permitted in this designation. 1990, the Mayor and Council determined that Union on Mill street and Inland Center Drive was not a they were allowed to operate in the CG-1 land use On November 18, 1991, Mayor and Council directed Planning staff to prepare a recommendation on a Development Code Amendment to permit swap meets in the Commercial General land use designations, as well as any other appropriate designations. CEOA STATUS Article 5, section 15061 (b) (3) of the California Environmental Quality Act states that, in general, CEQA applies only to projects that could have a significant effect on the environment (Section 15378 defines zoning ordinance amendments as "projects"). Where it can be determined with certainty that no possibility exists for a project to have a significant effect on the environment, the project is not subject to CEQA. Because D.C.A. No. 91-07 would permit a use that is within the range of uses already permitted in the Development Code it is exempt from CEQA. ~~~= ...l PLN\I.8.D8 PAGE 1 OF 1 (...go) Any indoor or outdoor place, location, or activity where new or used qoods or secondhand personal property is offered for sale or exchanqe to the qeneral public by a mulitude of individual licensed vendors, usually in compartmentalized spaces: and, where a fee may be charqed to prospective buyers for admission, or a fee may be charqed for the privilaqe of offerinq or displayinq such merchandise. The term swap meet is interchanqable with and applicable to: fleamarkets, 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. section 19.06.020, Table 06.01, the List of Permitted Uses, allows for the establishment of swapmeets in the CG-4, Commercial General, CH,Commercial Heavy, IL, Industrial Liqht and the IH, Industrial Heavy desiqnations. Since swap meets are usually outdoor uses, they were only permitted in these districts. However, the indoor swapmeet establishments outdoor swapmeets in the followinq ways: 1. They qenerally do not charqe admission. vary from basic 2. They qenerally do not essentially permanent normal business hours. operate on a transient basis but are retail establishments operated durinq 3. They qenerally are not operated in association with special events, nor with holidays, national, reqional or municipal or charitable orqanizations as with other flea markets, outdoor or indoor exhibits, and seasonal/holiday markets. As a result, multi-vendor establishments conducted indoors differ from typical outdoor swap meets. Staff proposes to separate the two and redefine indoor swap meets as Indoor Retail Concession Malls as follows. ~~ .... .. PLAN.8.a& PAGE 1 OF 1 (..gQ) . CITY OF SAN BER.DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE OBSERVATIONS AGENDA ITEM HEARING DATE PAGE :> 1-7-92 4 ~ ..... INDOOR RETAIL CONCESSION MALL Any indoor, multi-tenant, retail or discount mall, operated during reqular business hours, without the benefit of a predominant tenant because the majority of square footage is used (or offered) for concession or leased floor area and/or wall space for which a fee, commission or lease is charged. Individual vendors shall be permitted to engage in sales of either new or used merchandise. The existing definition for swap meets would be revised to delete the word "indoor" thus further differentiating the two. The designations where swap meets would be permitted would remain the same (CG-4,CH,II,IP.). Indoor retail concession malls would be 'permitted in CG-2, and CG-4 designations. Indoor retail concession similar to other retail uses permitted in the CG, General land use designation. the CG-1, malls are Commercial GENERAL PLAN CONSISTENCY The General Plan addresses new development, adaptive reuse and renovation in accordance with the Land Use Plan (Objective 1.71). This amendment provides the opportunity for the reuse of existing, vacant structures. In addition, the proposal would include upgrading structures that may not meet Code requirements(1.22.33). Indoor retail concession malls are more adaptable as far as reusing existing buildings. DEVELOPMENT CODE REOUIREMENTS As discussed previously by the Planning commission, there are land use impacts associated with many multiple vendors which warrant the requirement to obtain a Conditional Use Permit. There are specific impacts which require the advantages of a public hearing. A noticing requirement assists in determining use compatibility in that the effects on the existing and future land uses cannot be determined in advance of the project being proposed for a specific location. .... ...4 m=.~ P!.AN-8.oB PAGE 1 OF 1 l4.QOI r . CITY OF SAN BER.DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE .A 91-07 5 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 1-7-92 5 "'II These impacts include increased traffic flow, a greater frequency of trips of vendors and customers. Vendors are small operators with frequent trips for on-site loading and unloading. There may be increased parking needs due to very low priced merchandise attracting a large customer base. The customers mayor may not be loading purchased merchandise into vehicles. Also there are public health and safety concerns over use of electricity and adequate corridor width for exiting in case of an emergency or fire, adequate rest room facilities, and security protection of both the vendors and the public. In order to address these concerns the project should be reveiwed from the perspective of all City Departments and Divisions. DEVELOPMENT CODE STANDARDS In addition, Development Code Amendment No. 91-07 provides the opportunity for future project applicants to understand the requirements prior to filing an application with the city. 19.06.030 (2) Land Use Specific Standards is proposed to read as follows: I. Indoor Conditional standards. Retail Concession Malls are subject to a Use Permit and shall comply with the following 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. These are in addition to other requirements in the CG, Commercial General, designations. ~ ~-=--== p~.'lI8 PAGE 1 OF 1 (..;0) . CITY OF SAN BER.DINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE A 91-07 OBSERV A liONS AGENDA ITEM HEARING DATE PAGE :> 1-7-92 6 ~ Section 19.24.040, Off-Street Parking Standards lists parking standards as follows: "1 space per 200 square feet per gross floor area, plus one space per vendor space." This same requirement would be added for indoor retail concession malls. CONCLUSION Development Code Amendment No. 91-07 will implement Objectives and Policies lA, 1.71, 1.19, and 1.21.33 of the General Plan by allowing existing outdoor swap meets to continue, and by permitting new proposals for indoor retail concession malls in the CG-1, CG-2,and CG-4, Commercial General Plan land use designations. Staff holds that the proposed amendment is exempt from CEQA, Article 5, Section 15061 (b)(3), because the amendment proposes to permit a use that is within the range of uses already permitted in the Development Code. The proposed amendment would make Indoor Retail Concession Malls subject to approval of a Conditional Use Permit; providing the opportunity to incorporate public comment into the process. Development Code Amendment No. 91-07 proposes that the project should be reviewed subject to the Standard Requirements of all the City's Departments and Divisions. Also, Development Code Amendment No. 91-07 proposes specific standards for indoor establishments which allows future applicants to understand the requirements prior to filing an application with the City. .. ...,j ~~ PI.AN-8.08 PAGE 1 OF 1 14.-:)) OBSERV A liONS CASE eCA 91-07 AGENDA ITEM ~ HEARING DATE 1-7-92 PAGE 7 CITY OF SAN BERADINO PLANNING AND BUILDING SER~ES DEPARTMENT ~ ""'Il RECOMMENDATION Based on the Findinqs of Fact contained in Attachment A, Staff recommends that the P1anninq Commision recommend to the Mayor and Common Council that: Development Code Amendment No. 91-07 be adopted to permit Indoor Retail Concession Malls in the CG-1, CG-2, and CG-4, Commercial General Plan land use desiqnations and to establish standards for development. R~:.itUl1 j submitted, AlBOU~, ~ Director 6~ Planninq and Buildinq Services /2", D S Il;() ; ~~~~. Moon~ Assistant Planner Attachments: A - Findinqs of Fact ...I 01"1'~" .......,., C8IflIW.~. .l'1I121 PLAN".ae PAGE 1 OF 1 (4.gQj CITY OF SAN BERADINO PLANNING AND BUILDING SER~ES DEPARTMENT FINDINGS OF FACT CASE. 91-07 :, 1-7-92 8 AGENDA ITEM HEARING DATE PAGE .. FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that the amendment would implement the followinq General Plan Policies and Objectives I1, I.71,1.19, and 1.21.33. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment would allow existinq outdoor swap meet establishments to continue and permit new proposed indoor and outdoor establishments to be permitted, subject to the City's standard requirements and.obtaininq a Conditional Use Permit. .... ~:=rL:-:U p~ PAGE 1 OF , ('-10) . . 1 2 OrdinancE) No. 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-l, 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 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Page 1-14, 8 amended as follows: section 19.02.050, is DEFINITIONS, 9 [See Exhibit lA, (page 1-14 of the Development Code) attached hereto and incorporated herein by reference.] 10 11 12 13 a) Add "Indoor Retail Concession Mall. Any indoor, multi- tenant, retail or discount mall, operated during regular business hours, without the benefit of a predominant tenant because 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 vendors shall be permitted to engage in sales of either new or used merchandise.". 14 15 SECTION 2. Page 1-23, Section 19.02.050, DEFINITIONS, is amended as follows: 16 17 18 19 20 21 22 [See Exhibit IB, (page 1-23 of the Development Code) attached hereto and incorporated herein by reference.] a) Delete the words "indoor or" from the definition of "Swap Meets" . SECTION 3. Page 11-70, Section 19.06.020, Table 06.01(G), COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, is amended as follows: [See Exhibit 1C, (Page 11-70 of the Development Code) attached hereto and incorporated herein by reference.] 23 a) 24 b) 25 IIII 26 IIII 27 IIII 28 IIII Add: "539B. Indoor Retail Concession Mall"; Place a "c" under CG-l, CG-2, CG-4 and CH columns. 1 . . 1 SECTION 4. Page 11-90, section 19.06.030(1) (B), Table 06.03 2 COMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, as follows: 3 [See Exhibit 10, (Page 11-90 of the Development Code) attached hereto and incorporated herein by reference.] 4 5 6 a) Reletter Items I through Q to read J through R. b) Add New Item I, "Indoor Retail Concession Malls"; c) Add a "+" in the columns under CG-1, CG-2, CG-4 and CH. 7 SECTION 5. Page II-102, section 19.06.030(2), LAND USE 8 DISTRICT SPECIFIC STANDARDS as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [See Exhibit 1E, (Pages 11-102, II-102A, 11-103, 11-104, 11- 114, and 11-117, of the Development Code) attached hereto and incorporated herein by reference.] a.) On Pages 11-102, 11-103, 11-104, 11-114, and 11-117, Reletter Items I through 0 to read J through P. b) 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." SECTION 6. Page III-53, section 19.24.040, NUMBER OF PARKING SPACES REQUIRED, is amended as follows: [See Exhibit 1F, (Page III-53 of the Development Code) attached hereto and incorporated herein by reference. Add "Indoor Retail Concession Malls" "Hotels/motels" in the USE column; and after a) 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.". IIII IIII 2 . . 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 5 by the Mayor and common Council of the city of San Bernardino at 6 7 8 I HEREBY CERTIFY that the foregoing ordinance was duly adopted a meeting therefore, held on the day of , 1992, by the following vote, to wit: council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 18 City Clerk The foregoing ordinance is hereby approved this , 1992. day 19 of 20 21 22 W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: 23 24 JAMES F. PENMAN, C~i ty Attorney 25 By: ..k""'-}-. P e'lA~ 26 27 28 3 GI'n!lS Flnnr Al'I!a. The. included within the surroundin~or finish wall surface of a building or portion thereof, exclusive of courtyards. Gu@st Hon.... living quarters, having no kitchen fadlities, 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 StoQ'. 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 ~ation. An activity conducted in compliance with Chapter 19.54 carried out by an occupant conducted as an accessory use within the primary dwelling unit. H~ital. An institution, designed within an integrated campus setting for the diag- nosis, care, and treatment of human illness, including surgery and primary"treatment. &tel. 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. Tunk and 5alvaie Fat"ility. 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 .andscaping. 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 Zonini Di$trict. 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 d~scount mall, operated dur~ng regular business hours, without the benefit of a preaominant tenant because the majority of square footage is used (or offered) for concession or leased floor area and/or wall space for which a fee, commission or lease is charged. Individual vendors shall be permitted to engage in sales of e~ther new or used merchandise. 1.14 Exhibit lA 2/92 Stahl@. Privah>. An ac.ry structure for the keeping of hes or ponies for the use of occupants of the prmuses. Standarcl Industrial Classification (SIC) Systml.. The classification of establishments by type of activity which is determined by its principal 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 esta~ lishments. This system is detailed in the Federal Office of Management and Budget's Standard Industrial Oassification Manual, as amended. Storap. 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. Stn!l!t. Any public or private thoroughfare, which affords a primary means of access to abutting property. StructuI'P. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Swap Mf!I!ts. 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 adhnission, 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. T@mpnl'a~ U!If!. 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 5af@ty Siiht 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. Transi_t Basili_ A continuous period of 2 weeks or less. UK. 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 1a 2/92 ...... l!! ...... Q) ......'" III ca .....:0; <tl E Q) Q) +JC CD Cl 't:l <lJO I. III It Q) , 1:>:..... 'Bill , C !1 0- > E III III rn 1lI.~ III _Cl iB ' . 0 .:: iB l.< rn ~ C '-Q)>. CD III Q),-- .:: e EO <lJ lQ~ III III .- iiillllt 't:l~ .Ji -CD Q) Q) III ' 0 U .a '- '0 C Cllll .j!Cl c CD CD- E~ ~ .- E Q) .: co CD = CD ~! ~- m'i Cl...1Il ~ -'- :t ""u .1{ ~ a: ~lJ c III C j l!S cs25 'CD Q) ~ .-.:: Q) Q) III 'rJ! -;'2 fa III III C")- cs'B 't:l . 'E ~C\ .::l!! -'C ~o = III r..: C Q) wlJ ~ ~-a ~l!. ~i j2 ~- III N Q) III C")M .. CD .!!! Cl It) "'6 1t)U"l a) u; g - d C\i M .. III It) It) U.1Q Exhibit lC 2/92 \,.UMMr.II.I...1A1. UI~TRlcrs -19.06 + CI) b + + - Ill: + t; - C + ~CI) <C + -Ill: rfl~~ + CCI)Z ~::> + ~C~ ~ZCl) =QU + ~Z!i: + <u ~~ <ll. + _CI) U + Ill: ~ ~ + ~ 0 + U . . + + + I: o .... 11l 11l (j) U I: o U .... o 11l 0.... .".... I: III H% H + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + Ul (j) + + + + ..... ..., .... .... + + + + ..... u III + + + + + + ~ 0 0:: !!l. + + + + - >, III CJ U e .5 U l: Cl en .... III C C - ~ ~ a. 0'- e Cl .... ;:l (.) c en e een III 0 CJ III l!!en~ '-Ill ~ ...... u .... gj & gj E g ~ .l!! gj:= - ~ o~ ..... !!2!!! al.!!! Cl)1igj o'~~!e .....UleC.::: ijlll Cl)C:E!I!a;a: ::tce'-.2.2 el:oo (j) C > III III Cl l!! u. CD ~ U. gj iii iii ! III 0 00 ~ .-CD =='~ -2en~'-Clo--0~'''''e::';" en~ .c.c....~ l:.c=...!; e::tCl)CI)'ij; I Ul _ ~ C5 III !:! !:! ... i as '7 III g.f 'B ... !D 5 i ~ ~..40 ::.c e E E !!l > (.) CD ~ CI) >- 0 .!.l._ > 0'>:> m- ~j~~gee>->'e~~EU~~~CI:I:~ 'tl .Z ~ ~ 0 0 as 'C ._ e ~ III III CD III 0..... 0..... ~ -c: ....j -c: -c: ~ (.) ~ ~ ~ ~ ~ a: ~ '? CI),u u:uu:~ ...: ~ (.) C W u.: ~ ::t ":l:>:: ...:l % Z 0 Po. 0 0::. D-90 Exhibit ID 2/92 \..UMMr.^\.UU. U!:::'llUcr::. -19.()6 9. 10. ~ boards shall be a maximum of 4are feet, with a maximum height of 7 feet, and shall face away from the street. 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 (smiill 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. fJ 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. S. 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 e U.l02 Exhibit lE-l 2/92 * 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. Page II-I02A 2/92 \..Urorl..:Yl[;.~'-,U"'\... U~,;) .I..t'Io..l.'-~.:J - .I,.'7.V'V .~ saled from public view on at least 31es by a solid wall 6 feet in height and on the fourth side by a;;olid 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. 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\er 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.llD Exhibit lE-2 2/92 COMMEllOAL DISTRICI'S -19.D6 Th~eve1opment shall provide for 2 !1cing 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. Aisle. width shall be a minimum of 25 feet between buildings to provide unobstructed and safe circulation. 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 11. 12. 13. Refer to Section 19.04.030 (2)(1<). M. RECYCLING FAClLmES FOR REUSEABLE DOMESTIC CONTAINERS Recycling facilities are subject to permit review in all commercial and in- dustrialland use districts according to the following schedule: ~ofFatility Reverse Vending Machine(s) Districts Permitted All Commercial and All Industrial Small Collection CG-1, CG-2, CR-3 (So. of 1-10) and All Industrial CH and All Industrial Large Collection Light Processing Heavy Processing All Industrial All Industrial Permit Required Development Permit and up to 5 reverse vending machines Development Permit Conditional Use Permit Conditional Use Permit Conditional Use Permit D-1CM 2/92 Exhibit lE-3 .13) Donation areas shall be ~ of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recy- cling containers; l 14) Signs shall be installed pursuant to Chapter 19.22 (Sign Standards). Additionally, 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 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. 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 shall comply with the following standards: 1. New service stations shall be permitted only at the intersections of major and secondary arterials, and their intersections with freeway off-ramps. A maximum of 2 service stations shall be per- mitted at each intersection. The use shall not adjoin a residential land use district. 2. The minimum parcel size shall be 15,000 square feet, with a minimum street footage of 100 feet on each street. 3. All activities and operations shall 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. D.114 Exhibit lE-4 . 2/92 20. Are an existing service station _ins 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 0.117 Exhibit lE-S '2/92 . USE ~ CnmmPrcial TT__ , , Hotels/motels Indoor Retail Concession ~~lls *(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) ~cat~/donutshop ) Retail commercial * Indoor Retail Concession Malls OfF.STREET PARKl:>;G STA......DARDS .19.24 ~lTJMBER OF ~1mF.D SPACES 1.1 space for each bedroom, plus requirements for related commer- cial uses, plus 1 space for each SO 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. 1 space per bay, plus 1 space for each employee, plus 2 space queueing lanes for each bay. 1 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. 1 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 2SO sf. of gfa. .1 space per 200 sq. ft. per gross floor area plus 1 space per vendor space. m.53 l::xr~~bl ~ ..L = 2/92 . . 1 Ordinance No. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.Q50, 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 8 9 10 11 SECTION 1. Page I-14, section 19.02.050, DEFINITIONS, is amended as follows: [See Exhibit lA, (Page I-14 of the Development Code) attached hereto and incorporated herein by reference.] 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.". 12 13 14 15 SECTION 2. Page I-23, section 19.02.050, DEFINITIONS, amended as follows: 16 17 18 is [See Exhibit 1B, (Page I-23 of the Development Code) attached hereto and incorporated herein by reference.] a) Delete the words "indoor or" from the definition of "Swap Meets". 19 20 21 22 23 24 25 IIII 26 IIII 27 IIII 28 IIII SECTION 3. Page n-70, section 19.06.020, Table 06.01(G), COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, is amended as follows: [See Exhibit 1C, (Page II-70 of the Development Code) attached hereto and incorporated herein by reference.] a) Add: "539B. Indoor Retail Concession Mall"; b) Place a "C" under CG-1, CG-2, CG-4 and CH columns. 1 -i!- '+ :l KSi,s;t:>N __J 8 [See Exhibit 1E, (pages II-102, II-102A, II-103, II-104, II- 9 114, and 1I-117, of the Development Code) attached hereto and incorporated herein by reference.] 10 11 12 13 1 2 3 4 5 6 7 14 15 16 17 18 19 20 . . SECTION 4. Page 1I-90, section 19.06.030(1) (B), Table 06.03 OMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, as follows: [See Exhibit 10, (Page 1I-90 of the Development Code) attached ereto and incorporated herein by reference.] a) Reletter Items I through Q to read J through R. b) Add New Item I, "Indoor Retail Concession Malls"; c) Add a "+,, in the columns under CG-1, CG-2, CG-4 and CH. SECTION 5. Page II-102, section 19.06.030(2), LAND USE ISTRICT SPECIFIC STANDARDS as follows: a) On Pages II-102, II-103, II-104, 1I-114, and 1I-117, Reletter Items I through 0 to read J through P. b) Add New Item I, "Indoor Retail Concession Malls Indoor retail concession malls are subject to Conditional Use Permit and shall comply with following standards: a the 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." NUMBER OF PARKING 21 SECTION 6. Page III-53, Section 19.24.040, SPACES REQUIRED, is amended as follows: 22 [See Exhibit 1F, (Page III-53 of the Development Code) 23 attached hereto and incorporated herein by reference. 24 25 26 27 IIII 28 / II 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, "1 space per 200 square feet per gross floor area, 1 space per vendor space.". add, plus 2 11 12 13 14 15 16 17 18 19 , 20 21 22 23 24 25 26 27 - 28 . . 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 5 by the Mayor and Common Council of the City of San Bernardino at 6 7 8 I HEREBY CERTIFY that the foregoing ordinance was duly adopted a meeting therefore, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENl' 9 ESTRADA 10 REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk of The foregoing ordinance is hereby approved this , 1992. day W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, city Attorney By: ~1:_ 11~-"I~1/'__ /J 3 BASIC PROVISIONS -19.02 Gross Floor Anla -rerea included within the surround.xterior finish wall surface of a building or portion thereof, exclusive of courtyards. Guest Hnll..... 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 Story. 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 Occ4pation. 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. Held. 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 Develqpment. 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. Landst"aping. 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 merch~ndise. 1.14 EXHIBIT IA 2/92 -- II II , , o o Ordinance No. 1 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-l, 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 7 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Page I-14, Section 19.02.050, DEFINITIONS, is amended as follows: 9 [See Exhibit lA, (Page I-14 of the Development Code) attached hereto and incorporated herein by reference.] 10 11 12 13 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.". 14 15 SECTION 2. Page I-23, section 19.02.050, DEFINITIONS, is amended as follows: 16 17 18 [See Exhibit IB, (Page I-23 of the Development Code) attached hereto and incorporated herein by reference.] a) Delete the words "indoor or" from the definition of "Swap Meets" . 19 SECTION 3. Page n-70, section 19.06.020, Table 06.0l(G), COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, is 20 amended as follows: 21 22 [See Exhibit lC, (Page II-70 of the Development Code) attached hereto and incorporated herein by reference.] 23 24 25 I II I 26 IIII 27 IIII 28 IIII a) Add: "53gB. Indoor Retail Concession Mall"; b) Place a "c" under CG-l, CG-2, CG-4 and CH columns. 1 -t!. If ;J. l~;ElIjs;"N 1 2 3 4 5 6 7 o o SECTION 4. Page 11-90, section 19.06.030(1) (B), Table 06.03 OMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, as follows: [See Exhibit 10, (Page 11-90 of the Development Code) attached ereto and incorporated herein by reference.] a) Reletter Items I through Q to read J through R. b) Add New Item I, "Indoor Retail Concession Malls"; c) Add a "+" in the columns under CG-1, CG-2, CG-4 and CH. SECTION 5. Page II-102, section 19.06.030(2), LAND USE ISTRICT SPECIFIC STANDARDS as follows: 8 [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) On Pages 11-102, 11-103, 11-104, 11-114, and 11-117, Reletter Items I through 0 to read J through P. b) Add New Item I, "Indoor Retail Concession Malls Indoor retail concession malls are subject to Conditional Use Permit and shall comply with following standards: 1. Additional refuse containers may be required. a the 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. Indoor retail concession malls shall be considered to be one tenant for purposes of Development Code sign standards." 4. 21 SECTION 6. Page III-53, Section 19.24.040, SPACES REQUIRED, is amended as follows: 22 [See Exhibit 1F, (page III-53 of the Development Code) 23 attached hereto and incorporated herein by reference. 24 25 26 27 IIII 28 III NUMBER OF PARKING 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 o o 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 5 by the Mayor and Common Council of the City of San Bernardino at I HEREBY CERTIFY that the foregoing ordinance was duly adopted 6 7 meeting therefore, held on the , 1992, by the following vote, to wit: day of a 8 Council Members: 9 10 11 12 13 14 15 16 ~ ~ ABSTAIN l\~ ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk of The foregoing ordinance is hereby approved this , 1992. day w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~~"" -; .1~/1~~ /} L 3 ~"-."" ., BASIC PROVISIONS -19.02 G"""" F'Innr ArPa -rQrea included within the surroun~xterior finish wall surface of a building or portion thereof, exclusive of courtyards. GII....t How,.. 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. Ha If Sto~. 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 Oc~ation. An activity conducted in compliance with Chapter 19.54 carried out by an occupant conducted as an accessory use within the primary dwelling unit. HO!IPital. An institution, designed within an integrated campus setting for the diag- nosis, care, and treatment of human illness, including surgery and primary-treatment. HWd,. 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 Devel'lpment. 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 !:;alvai'! Fat"ilil;y. 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 andscl\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 ZDning 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