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HomeMy WebLinkAboutMC-1345 Adopted: February 7, 2011 Effective: March 10, 2011 ORDINANCE NO. MC-1345 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE 3 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY LOCATION CRITERIA FOR CONVENIENCE STORES. 4 5 6 7 8 THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.06, Section 19.06.030(2)(F)(4) relating to location criteria for convenience stores is amended as shown in Attachment 1 attached hereto and incorporated herein by reference. 9 10 11 12 13 14 15 16 17 18 19 IIII 20 I I II 21 IIII 22 23 24 25 26 27 28 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. MC-1345 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 1 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE 2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY LOCATION CRITERIA FOR CONVENIENCE STORES. 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held 5 on the 7th day of , 2011, by the following vote to wit: February 6 7 Council Members: 8 ABSENT ABSTAIN NAYS AYES x MARQUEZ 9 DESJARDINS x 10 BRINKER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 x x SHORETT x KELLEY x JOHNSON x MC CAMMACK /-'\ J l...1C1 L ("'~ .~-t/~J . r:f .uu'vlc... CitY Clerk The foregoing ordinance is hereby approved this ~day of February , 2011. C:\~~~ TOBIN BRINKER, Mayor Pro Tem City of San Bernardino Approved as to form: JAMES F. PENMAN City A orney 25 ,,) By: .1f1-Y'K'-;, 7- .t01.-vw---..- 26 III 27 II 28 MC-1345 ATTACHMENT 1 COMMERCIAL DISTRICTS - 19.06 19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS ............................................................................... 2. LAND USE DISTRICT SPECIFIC STANDARDS In addition to the general development requirements contained in Chapter 19.20 (property Development Standards), the following standards shall apply to specific commercial land use districts. (See Table 06.03 on previous page.) For residential uses in commercial land use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2). ****************************************************************************** F. CONVENIENCE STORES The retail sale of groceries, staples, sundry items and/or alcoholic beverages where the gross floor area is less than 5,000 square feet is subject to Conditional Use Permit review, and shall be constructed and operated in the following manner: 1. The minimum site area shall be 10,000 square feet. 2. The site shall have direct frontage along a major or secondary street. The site shall not have direct access on a local residential street. 3. One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the DRC. 4. No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from 1 property line to another. Service stations that include a convenience store as an ancillary use are not subject to the 1,000 foot distance restriction from other convenience stores. Exceptions to the 1,000 foot distance from schools may be considered on a case by case basis through the Conditional Use Permit process, considering mitigating factors of circulation patterns, security and management plans and subject to recommendations from the affected school district, only for convenience st-ores that do not sell any alcoholic beverages. MC 9633/18/96, MC 12107/5/06, MC 1312,9/8/09 5. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way. 6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign Standards). II-59 MC-1345 ATTACHMENT 1 COMMERCIAL DISTRICTS - 19.06 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 19.28 (Landscaping Standards). 8. All on-site parking shall comply with the provisions of Chapter 19.24 (Off- Street Parking Standards). A parking plari shall be developed as part of the permit review process. The premises shall be kept in a neat and orderly condition at all times. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 19.06.030(2)(O)(Service Station Standards). Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands. A bicycle rack shall be installed in a convenient location visible from the inside of the store. Each convenience store shall provide a public restroom located within the store. Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with call out service only. On-site video games shall not be installed or operated on the premises. A convenience store adjacent to any residentially designated district shall have a 6 foot high decorative masonry wall along property lines adjacent to such districts. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete. 11-60