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HomeMy WebLinkAboutMC-1400 Adopted: May 5, 2014 Effective: June 5, 2014 1 ORDINANCE NO. MC-1400 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT 14-10, TO AMEND CHAPTER 19.08 3 (INDUSTRIAL DISTRICTS) SECTION 19.08.020, Table 08.01, (15) GASOLINE 4 SERVICE STATIONS, TO PERMIT ANCILLARY COMMERCIAL USES WITH A GASOLINE SERVICE STATION, ONLY AT THE INTERSECTIONS OF MAJOR 5 AND SECONDARY ARTERIALS, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT; AND AMEND CHAPTER 19.06 (COMMERCIAL DISTRICTS) 6 SECTION 19.06.030 (T) (2), GASOLINE SERVICE STATIONS, TO DELETE THE 7 MINIUMUM PARCEL SIZE REQUIREMENT. E 8 WHEREAS, the current Development Code was initially implemented in 1991; and 9 WHEREAS, the current General Plan was initially implemented in 2005; and 10 WHEREAS, on March 19, 2014, the Planning Commission of the City of San 11 Bernardino held a noticed public hearing to consider public testimony and the staff report 12 recommending approval of Development Code Amendment 14-10, and recommended 13 approval of the proposed Development Code Amendment to the Mayor and Common 14 Council; and WHEREAS, notice of the public hearing for the Mayor and Common Council's 15 consideration of the proposed resolution was published in The Sun newspaper on April 10, 16 2014. 17 18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 20 21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 22 are true and hereby adopt and incorporate them herein. 23 SECTION 2. Findings of Fact. 24 1. The proposed Development Code Amendment would provide for site-specific review 25 of the subject uses on a case-by-case basis, subject to approval by the Planning Commission. 26 Additionally, the proposed DCA14-10 would clarify development standards for gasoline 27 service stations which would encourage development opportunities within the City and would 28 ensure that development of certain sites now in industrial zones would be consistent with the M8-1400 1 goals, objectives and policies of the General Plan. The proposed amendment maintains land 2 use compatibility, in balance with public convenience and public safety, consistent with the following goals and policies of the General Plan: 3 4 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding 5 land uses." 6 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic 7 infill of new development and revitalization of existing development." 8 Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, 9 land use flexibility and customized site development standards shall be achieved through 10 various master planning devices, such as specific plans, planned development zoning and 11 creative site planning." 12 13 Goal 4.5: "Identify and attract new employment types/land uses that complement the existing employment clusters and foster long-term economic growth". 14 15 2. Site-specific review of potential safety, zoning, health and land use conflicts by the 16 Planning Commission will ensure proper review of sites for gasoline service stations. 17 Therefore, the proposed Development Code Amendment serves the public interest and would 18 not be detrimental to public health, safety, convenience or general welfare. 19 SECTION 3. Compliance with the California Environmental Quality Act. The 20 Mayor and Common Council finds that the proposed Development Code Amendment is 21 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 22 15061(b)(3) of the CEQA Guidelines, because the effects of the amendment would not result 23 in a significant direct or reasonably foreseeable indirect physical change in the environment. 24 25 SECTION 4. Development Code Amendment 14-10, attached hereto as Exhibit A 26 and incorporated herein by reference, is hereby approved. 27 28 MC-1400 1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 2 clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 3 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 4 part thereof. The Mayor and Common Council hereby declares that it would have adopted 5 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 6 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-1400 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT 14-10, TO AMEND CHAPTER 19.08 2 (INDUSTRIAL DISTRICTS) SECTION 19.08.020, Table 08.01, (15) GASOLINE SERVICE STATIONS, TO PERMIT ANCILLARY COMMERCIAL USES WITH A 3 GASOLINE SERVICE STATION, ONLY AT THE INTERSECTIONS OF MAJOR 4 AND SECONDARY ARTERIALS, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT; AND AMEND CHAPTER 19.06 (COMMERCIAL DISTRICTS) 5 SECTIONS 19.06.030 (T) (2), GASOLINE SERVICE STATIONS, TO DELETE THE MINIUMUM PARCEL SIZE REQUIREMENT. 6 7 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, 8 held on the 5t1, day of M,," , 2014, by the following vote, to wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 12 BARRIOS x 13 VALDIVIA x 14 SHORETT x 15 NICKEL x 16 JOHNSON —x� 17 MULVIHILL x 18 20 George4iri Hanna, City Clerk 21 The foregoing Ordinance is hereby approved this�d y of May , 2014. 22 23 R. Carey Davis,)14ayor 24 City of San Bernardino 25 Approved as to form: Gary D. Saenz, City Attorney 26 27 By: u CC 28 MC-1400 EXHIBIT A DEVELOPMENT CODE AMENDMENT 14-10 is twofold: I. Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service Stations will be modified to read: Development Code Chapter 19.08 (Industrial Districts) Section 19.08.020, Table 08.01, (15) Gasoline Service Stations, to permit ancillary commercial uses with a gasoline service station, only at the intersections of major and secondary arterials, subject to approval of a Conditional Use Permit. 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zones which are Permitted(P), subject to a Development Permit(D)or a Conditional Use Permit(C): TABLE 08.01 INDUSTRIAL ZONES LIST OF PERMITTED,DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES 15. Gasoline Service Stations with or without ancillary — GB- CB- — Commercial Uses only at the intersections of major and secondary arterials II. Development Code Section 19.06.030 (T) (2)will be modified to read: 19.06.030 DEVELOPMENT STANDARDS 2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES T. SERVICE STATION STANDARDS Service stations are subject to a Conditional Use Permit and shall comply with the following standards: 2. • • .. . . • • I I . .• • • • A minimum street footage of 100 feet on each street shall be provided.