HomeMy WebLinkAboutMC-1353
Adopted: July 5, 2011
Effective: August 4, 2011
ORDINANCE NO. MC-1353
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06
(COMMERCIAL DISTRICTS), SECTION 19.06.030 (2)(T)(I) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SERVICE STATION
STANDARDS.
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The Mayor and Common Conncil of the City of San Bernardino do ordain as follows:
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WHEREAS, the Mayor and Common Council adopted the current Development Code, Title 19
of the Municipal Code by Ordinance MC-789 on June 3,1991; and
WHEREAS, on May 25,2011, the Planning Commission of the City of San Bernardino held a
noticed public hearing to consider public testimony and a staffreport recommending the proposed
ordinance as an amendment to the City Development Code, and recommended that the Mayor and
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Common Council adopt the ordinance as proposed; and
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WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
the proposed Ordinance was published in The Sun newspaper on June 10, 20 II;
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION I. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
SECTION 2. Findings of Fact.
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A.
The Ordinance amending the Development Code is consistent with the General Plan of
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the City of San Bernardino. The proposed Development Code amendment is intended to improve
businesses in the City. The recommended text amendment provides a process for adding an alternative
fuel service station, to promote businesses consistent with the following goals and policies of the
General Plan:
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Goal 4.1: "Encourage economic activity that capitalizes on the transportation and locational
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strengths of San Bernardino"
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MC-1353
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General Plan Goal 4.5: "Identify and attract new employment types/land uses that
complement the existing employment clusters and foster long-term economic growth".
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General Plan Policy 12.5.1: "'Reduce the emission of pollutants including carbon monoxide,
oxides of nitrogen, photochemical smog........ in accordance with South Coast Air Quality
Management District (SCAQMD) standards".
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General Plan Policy 12.7.5: "'Support legislation that promotes cleaner industry, clean fuel
vehicles, and more efficient burning engines and fuels."
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B. The Ordinance amending the Development Code will not be detrirnental to the public
interest, health, safety, convenience or welfare of the City. The proposed amendment of the
Development Code would serve the public interest by providing a process for approval of alternative
fuel service stations. The proposed amendrnent will expand opportunities for businesses in the City, with
a process that will protect values in the interest of general health, safety and welfare.
SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.030 (2)(T)(l)
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is hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference.
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SECTION 4. Compliance with the California Environmental Ouality Act:
The Mayor and Common Council finds that the proposed amendment to Section 19.06.030
(2)(T)(l) of the Development Code is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that activities that will not
result in a direct or reasonably foreseeable indirect physical change in the environment are exempt from
environmental review.
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or inetfective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
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KC-1353
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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MC-1353
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06
(COMMERCIAL DISTRICTS), SECTION 19.06.030 (2)(T)(I) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SERVICE STATION
STANDARDS.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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joint
Common Council of the City of San Bernardino at a regular
meeting thereof, held on the 5 th day
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7 of July
8 Council Members:
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MARQUEZ
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VACANT
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12 BRINKER
]3 SHORETT
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KELLEY
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JOHNSON
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]7 MC CAMMACK
, 2011, by the following vote to wit:
AYES
NAYS
ABSTAIN
ABSENT
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Q~h.~
Rach~ Clark, City Clerk
The foregoing Ordinance is hereby approved this t;~ day of July
,2011.
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PiA.e
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Approved as to form:
FREDERIC E. SHOR TT, Mayor Pro Tern
City of San Bernardino
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JAMES F. PENMAN
City Attorney
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MC-1353
EXHIBIT A
CHAPTER 19.06
COMMERCIAL DISTRICTS
T. SERVICE STATION (el.SOLINE) STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply with the following
standards:
I. New service stations shall be permitted only at the intersections of major and secondary
arterials, and along major or secondary arterials with freeway off-ramps within the
Freeway Corridor Overlay District. Stations within the Freeway Corridor Overlay shall
only be located at the intersection of the arterial with the freeway on- and off-ramps or
with streets forming the boundary of the Freeway Corridor Overlay District. A
maximum of~..lservice stations shall be permitted at each intersection, or on each side
of the freeway along a major or secondary arterial with a freeway off-ramp within the
Freeway Corridor Overlay District, provided that at least one station offers onlv non-
petroleum alternative fuel. The use shall not adjoin a residential land use district. MC
963 3/18/96
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.
c. The sale of items via vending machines which shall be placed next to the main
structure in a designated area not to exceed 32 square feet, and which must be
screened from public view.
4. Pump islands shall be located a minimum of 20 feet from a street property line,
however, a canopy or roof structure over a pump island may encroach up to 10 feet
within this distance. Additionally, the cashier location shall provide direct visual access
to the pump islands and the vehicles parked adjacent to the islands.
5. The number of points of ingress/egress to anyone street shall be 2.
6. There shall be a minimum distance of 30 feet between curb cuts along a street frontage.
7. No driveway may be located closer than 35 feet to the curb return.
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8. The width of a driveway may not exceed 36 feet at the sidewalk.
9. On-site parking shall be provided at 1 space for each pump island, plus 1 space for each
service bay.
10. Outside storage of motor vehicles is prohibited.
11. No vehicles may be parked on sidewalks, parkways, driveways or alleys.
12. No vehicle may be parked on the premises for the purpose of offering same for sale.
13. Landscaping shall comprise a minimum of 15% of the service station site area,
exclusive of required setbacks, and shall be provided and permanently maintained
according to the following regulations, as well as those contained in Chapter 19.28
(Landscaping Standards).
a. A minimum 5 foot wide (inside dimension), 6 inch high planter area shall be
provided along interior property lines, except for openings to facilitate vehicular
circulation to adjacent properties. Where adjacent to a periphery wall, trees
planted not more than 16 feet apart shall be included in the planter areas.
b. A planter area of not less than 200 square feet shall be provided at the comer of 2
intersecting streets. Landscaping shall not exceed a height of 30 inches.
c. A minimum of 50 square feet of planter area shall be located along those portions
of the main structure fronting on a public street.
d. Additional landscaping may be required to screen the service station from
adjacent properties.
14. All on-site siguage shall comply with the provisions of Chapter 19.22 (Sign Standards).
15. Openings of service bays shall not face public rights-of-way and shall be designed to
minimize the visual intrusion onto adjoining properties.
16. No used or discarded automotive parts or equipment, or disabled, junked or wrecked
vehicles may be located in any open area outside the main structure.
17. 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.
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18. All light sources, including canopy, perimeter, and flood shall be energy efficient,
stationary and shielded or recessed within the roof canopy so that the service station
shall be indirectly visible and light is deflected away from adjacent properties and
public rights-of-way. Lighting shall not be of such a high intensity as to cause a traffic
hazard or adversely affect adjoining properties. No luminaries shall be higher than 15
feet above finished grade.
19. Where an existing service station adjoins property in a residential land use district, a 6
foot high decorative masonry wall shall be constructed at the time the station requires a
permit for the on-site improvement! modification. Materials, textures, colors and design
of the wall shall be compatible with on-site development and adjoining properties. When
the wall reaches the established front-yard setback line of a residentially designated lot
abutting or directly across an alley from the service station, it shall decrease to a height
of 30 inches.
20. Restroom entrances viewable from adjacent properties or public rights-of-way shall be
concealed from view by planters or decorative screening.
21. Noise from bells or loudspeakers shall not be audible beyond the property line at any
time.
22. All parking, loading, circulation aisles, and pump island bay areas shall be constructed
with (PCC) concrete.
23. ]>Ja ]H1ffijl aazzle ea self service islaaaG sliall Be eqHirpea witli Iiela area aevices