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HomeMy WebLinkAboutAS01-Public Works o o 1 Ordinance No. 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 MALI.8 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 L 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 1B, (Page 1-23 of the Development Code) attached 17 hereto and incorporated herein by reference.] 18 19 20 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: 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" 1 24 25 IIII 26 IIII 27 IIII 28 IIII b) Place a "c" under CG-l, CG-2, CG-4 and CH columns. 1 A5/) o o 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 [See Exhibit 1D, (Page 11-90 of the Development Code) attached ereto and incorporated herein by reference.] 4 5 6 7 SECTION 5. Page II-102, Section 19.06.030(2), 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. 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. A centralized loading area is required. 2. 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, SPACES REQUIRED, is amended as follows: 22 23 NUMBER OF PARKING [See Exhibit 1F, (page III-53 of the Development attached hereto and incorporated herein by reference. 24 25 26 27 IIII 28 III b) Code) a) Add "Indoor Retail Concession Malls" after "Hotel/motels" in the USE column: and 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 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 a meeting therefore, held on the day of 7 , 1992, by the following vote, to wit: 8 Council Members: 9 ESTRADA 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM AYES NAYS ABSTAIN ll.~ 15 16 17 18 19 of 20 21 MILLER City Clerk The foregoing ordinance is hereby approved this , 1992. day w. R. Holcomb, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN, City Attorney By: ~_ 1 { ~/l-1.~ U 25 26 27 28 3 o 0 BASIC PROVISIONS -19.02 GrOll!i: Floor Area. The area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. Guest Hn"..... tiving 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 Sto:r::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 ~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. Hospital. An institution, designed within an integrated campus setting for the diag- nosis, care, and treatment of human illness, including surgery and primary'treatment. Hatel. 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 Salva~ Farility. 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. Ki tchen. Any room, all or part of which is designed and/or used for storage, refrigera- tion, cooking and the preparation of food. Land!i:caping. 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 they 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 Stahl... Privati!, An acaAry Structure for the keeping of ho~ or ponies for the use of occupants of the premises. Standard Industrial CJauification (SIC) System. The classification of establishments by type of activity which is determined by its principal product or group of p~ucts. . produced or distributed, or services rendered. The purpose of the system IS to facihtate 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 spaceiletween such floor and the ceiling above it. Stn!@t, Any public or private thoroughfare, which affords a primary means of access to abutting property. Structut'il, 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. T~mpora~ US@, 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 Si&ht Ar~a. 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 Basis. A continuous period of 2 weeks or less. l1.a. 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. Us@ 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 18 2/92 ..... ~ ..... ell .....":l ~ (ij ....:;: III ell ell +lc: Cll Cl 1:1 <VO I ~t ell , '20 ~I ~ c 0: .... 0- E I'll J!! en I'll.~ 0 _Cl -a , 0 .e (ij l.< en j.5 ... - >- 18~ ell CI) ell l!! 8: .e ~ EO <V CI) i} .:Ji -Cll lUl'll .j! ell CI) , 0 U a: .a E it ~ .- '0 c: Clla C Cll J~ :.c E ell .5 c: 0 ! ~.j! ~~ ~"E CI) ... ::i .... U og S' :=I':" I'll C ~ "!S ~ ~.c oCll Cll ~ :si.eell ell CI) 0&4 go! ~~ M- ~'2 ~C\ .ell! alO 0- 1Ii"E ,...; Cell iillll al ~.a IB! lBi ~S ~ - I'll ~ ell CI) M'"" .., en o~ Cl "'6 ltl'" oj u.: g .- ed C\i M .., ltl ltl ltl U.1O Exhibit Ie 4192 o COMMERCIAL DISTRICTS -19.06 r, ",",..1 + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + '" Q) + + + + .... ..... .... ..... + + + + .... CJ '" + + + + + + ~ 0 0:; ~ + + + + c: o .... '" '" Q) CJ c: o u .... 0'" 0..... "'..... c: '" .....:E ..... + en b + + - ~ + E- en - Q + ....len <Q + -~ tf')~< + =enQ .;) Z !Q~ + Il;;lZI-' ....l_en + =QU ~Z!i: + <u ....lll;;l <Do. + _en U + ~ Il;;l :E + :E 0 + U + + + + >. Q) C) C) e .5 .~ ~ 1: ~.l!! Sl.... 0- o = c Cl Cd ....;:l (.) 1: III I!! c Ul'" 0 0 ~ ~ 0 ~ ._ ~ ~ 'C) ~ III & III E g ~ .! ~ := - ;:; 0 ~ .... ill!! ill.!!! C/J'13111 ~'D~~C ...."'eC ~ Ql C/J C - g !1l a: ~ It .- 0 0 e c: 00 Q) :> -a, u.. III >.u.. Ul; i ~ '" 0 00 0:; .5 Ql j! j!'Qj 2 Ul SP= Cl5.! ~ 0 ..........:.... UlIXl 1515...! l!!,e-l: J; c~C/J""'(ij I '" ~ ~ ~ Ql !:! !:!..'; !1l '7 ill g ~ 'B ... \Q l! lii ~ ~.40 = .c ~ e e ! :> (.) Ql :E C/J ~ 0 .51!._ :> 0\> C>:: :s~~gg c c >'.:>'i!:'~= as'c ~ ~ C C:C:C:S 'a . :s:s 08 !1l C ._ C .iil Ql Ql Ql 0.... 0.... <I( <I( <I( a:I C C ~ ~ ~ a;: "? <I? C/J,u u: u u:~ ..c as U Q w u.: d ::J: .., ~ ....:I:E Z 0 i:l.o 0":, D-90 Exhibit ID 2/92 COMMEROAL DISTRICTS -19.Q6 o 0 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. 9. 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 commercialmdevelopments. 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 D.I02 Exhibit lE-l 2/92 -, ~ - * 1. o o 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 .~ COMMERCIAL DlSTRlcrS. 19.06 o 0 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. K. MINI-STORAGE Mini-storage facilities 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-tos Exhibit lE-2 2/92 o C~OAL DISTRICTS -19Jl6 11. The development shall provide lor 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 wa1l6 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 fadlities 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)0<). M. RECYCLING FAmInES FOR REUSEABLE DOMESTIC CONTAINERS Recycling facilities are subject to permit review in all commercial and in- dustrialland use districts according to the following schedule: ~ of Fanlit;y Reverse Vending Machine(s) Di~tricts PtmnittM 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 Heavy Processing All Industrial Conditional Use Permit All Industrial Conditional Use Permit D-IlM Exhibit lE-3 2/92 .........l.........;:."'-.............._I",J.i.:J.l.t\J.l.....L,:) -19.00 013) Donation areas shall be ~t free of litter and any other undesirable material. The containers shall be clearly mar1cecl to identify the type of material that J may be deposited. The facility shall display a notice stating that no material shall be left outside the recy_ cling containers; 14) Signs shall be installed pursuant to Chapter 19.22 (Sign Standards). Additionally, the facility shall be clearly mar1cecl 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 CTlZEN/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.tIt Exhibit lE-4 . 2/92 LU.\1...\1.t:.~,-....-\L UL.,.1. 1\...1.........:) - i::1.uO o C 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 diri!ctJ.y 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 D-117 Exhibit lE-S '2/92 o USE ~ Comm~cial Uses ) Hotels/motels Indoor Retail Concession J1Cl.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) Delicatessen/ donut shop Retail commercial * Indoor Retail Concession Malls OFF-STREET PARKl~G STA.'DARDS -19.24 o 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. 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 250 sf. of gfa. 1 space per 200 sq. ft. per gross floor area plus 1 space per vendor space. m.53 ~xr.:..;:).l ~ __ 2/92