Chapter 19.06 — COMMERCIAL ZONES
San Bernardino Zoning Code · 2026-06 edition · ingested 2026-07-06 · San Bernardino
| Section | Page |
|---|---|
| 19.06.010 | Purpose .......................................................................................................... II-19.06-1 |
| 19.06.020 | Development Permitted and Conditionally Permitted Uses ...................... II-19.06-4 |
| 19.06.025 | Prohibited Uses .......................................................................................... II-19.06-10 |
| 19.06.030 | Development Standards ............................................................................. II-19.06-12 |
| 19.06.040 | Applicable Regulations .............................................................................. II-19.06-86 |
| Table | |
| 06.01 | Commercial Zones List of Permitted Uses ................................................... II-19.06-5 |
| 06.02 | Commercial Zones Development Standards ............................................. II-19.06-13 |
| 06.03 | Commercial and Industrial Zones Specific Use Standards ........................ II-19.06-20 |
Guidelines
(G)19.06.050 Commercial Development Design Guidelines ................................... II-(G)19.06-89
19.06.010 PURPOSE ¶
1. The purpose of this Chapter is to achieve the following:
A. Provide appropriate commercial areas for retail and service establishments, neighborhood convenience and office uses required by residents of the City in a manner consistent with the General Plan.
B. Provide adequate space to meet the needs of commercial development, including off-street parking and loading.
C. Minimize traffic congestion and avoid the overloading of utilities.
D. Protect commercial areas from excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences.
E. Promote high standards of site planning, and landscape design for commercial and office developments within the City.
F. Provide employment opportunities for existing and future residents of the City and those of adjacent communities.
G. Provide for land uses which meet the needs of and attract regional populations, in addition to local residents.
H. Ensure compatibility with adjacent land uses.
II-19.06-1
June 2024
COMMERCIAL ZONES – 19.06
- I. Single-family dwelling units which legally existed in commercial land use districts prior to June 3, 1991 may remain as a permitted use. (MC 823 3/5/92)
2. The purpose of the individual commercial zones is as follows: (MC 1393 12/2/13)
A. CO (COMMERCIAL OFFICE) ZONE
This zone is intended to provide for the continued use, expansion, and new development of administrative and professional offices, hospitals, and supporting retail uses in proximity to major transportation corridors and ensure their compatibility with adjacent residential and commercial uses. Additionally, this zone permits a maximum density of 47 units per net acre for senior citizen and senior congregate care housing. Existing single family residential structures may remain as a permitted use. (MC 818 1/7/92; MC 1381 12/19/12)
B. CG-1 (COMMERCIAL GENERAL) ZONE
This zone is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to service the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. Additionally, this zone permits a maximum density of 47 units per net acre for senior citizen and senior congregate care housing. (MC 1304 5/4/09)
C. CG-2 (COMMERCIAL GENERAL-2) ZONE
This zone is intended to enhance the economic activity of appropriate commercial corridors; infilling and intensifying existing development, establishing new key activity centers and nodes, allowing for the development of medium and medium high residential density as alternative uses. The residential development shall have a minimum contiguous area of one net acre with a maximum density of 12 units per net acre along Mount Vernon Avenue and Baseline Street and other designated locations west of I-215 and a maximum density of 21 units per net acre along Baseline Street and other designated locations east of I-215. Additionally, a bonus density of 50% for the development of senior citizen and senior congregate care housing shall be permitted, subject to the approval of a Conditional Use Permit. (MC 1381 12/19/12)
D. CG-3 (COMMERCIAL GENERAL-3) ZONE
This zone provides for the development of local and regional serving retail, personal service, entertainment, office and related commercial uses. This district includes, but is not limited to, properties adjacent to California State University at San Bernardino along North Park Boulevard, Kendall Drive, and University Parkway for commercial and personal service uses to meet the needs of students, faculty, and visitors, and properties along Mt. Vernon Avenue, between 4[th] and 9[th] Streets, within the Paseo Las Placitas Specific Plan area.
Design guidelines for the Mount Vernon Corridor (Paseo Las Placitas) are contained in Chapter 19.10, Special Purpose Zones, Section 19.10.030(3). (MC 1381 12/19/12)
II-19.06-2
June 2024
COMMERCIAL ZONES – 19.06
E. CR-1 (COMMERCIAL REGIONAL-MALLS) ZONE
This zone is intended to maintain and enhance the Inland Center Mall s and adjacent properties to this and the Carousel Mall as the principal region-serving retail centers of the City. (MC 1381 12/19/12)
F. CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) ZONE
This zone is intended to permit a diversity of regional-serving uses in the Downtown area including local, county, and state governmental/administrative, professional offices, cultural/historical and entertainment, convention facilities, hotels/motels, financial establishments, restaurants, supporting retail and services, educational institutions, public open spaces, and residential and senior citizen housing. Development of sites exclusively for residential uses shall have a minimum contiguous area of 1 net acre, with a maximum density of 47 units per net acre. Senior citizen and senior congregate care housing shall permit a maximum density of 130 units per net acre, subject to the approval of a Conditional Use Permit.
G. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) ZONE
This zone is intended to permit a diversity of regional-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.), financial establishments, restaurants, hotels/motels, warehouse/promotional retail, supporting retail and services, and similar uses. (MC 1098 7/5/01; MC 1436 12/19/16)
H. CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) ZONE
This zone is intended to provide for the development of new and used automobile and truck sales and related retail and service uses in the Auto Plaza area.
I. CCS-1 (CENTRAL CITY SOUTH) ZONE
This zone is intended to permit general retail, professional office and medical types of uses. Standards are contained in Chapter 19.13. (MC 1381 12/19/12)
J. CCS-2 (CENTRAL CITY SOUTH) ZONE
This zone is intended to permit service commercial uses. Standards are contained in Chapter 19.13.
K. CCS-3 (CENTRAL CITY SOUTH-FLOOD CONTROL CHANNEL) ZONE
This zone is intended to provide for the flood control channel. Standards are contained in Chapter 19.13.
II-19.06-3
June 2024
COMMERCIAL ZONES – 19.06
L. CH (COMMERCIAL HEAVY) ZONE
This zone is intended to accommodate automobile and truck sales and repair facilities, lumberyards, and related hardware sales, plant nurseries, light industrial manufacturing and storage facilities, and similar uses requiring extensive outdoor or indoor space for their sales, service, and/or storage, excluding neighborhood commercial uses.
19.06.020 DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES ¶
Table 06.01 represents those uses in the commercial zones which are subject to a Development Permit (D) or Conditional Use Permit (C). (MC 888 1/6/94)
II-19.06-4
June 2024
COMMERCIAL ZONES – 19.06
TABLE 06.01
COMMERCIAL ZONES LIST OF PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES
The following list represents those primary uses in the commercial zones, which are Permitted (P), subject to an Administrative or Development Permit (D), Minor/Conditional Use Permit (C), or a Commercial Cannabis Business (CCB) Permit (Chapter 5.10 of the City of San Bernardino Municipal Code). Those with a -- are not permitted uses in that zone. (MC 1381 12/19/12; MC 1601 12/7/22)
| LAND USE ACTIVITY | CO | CG- 1 |
CG- 2 |
CG- 3 |
CR-1 | CR-2 | CR-3 | CR-4 | CH | CCS- 1 |
CCS- 2 |
||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| A. | Administrative & Professional Offices/Services Commercial Establishments where the administrative, clerical and managerial functions of a business of industry are conducted or where members of a profession conduct their practice (e.g., accounting or engineering) |
D | D | D | D | D | D | D | -- | D | D | D | |
| B. | Assembling, Processing Facilities Establishments, which perform the assembling, cleaning, manufacturing, processing, repairing or testing of products and welding and excluding explosives, conducted entirely within an enclosed structure |
-- | -- | -- | -- | -- | -- | -- | -- | D | -- | -- | |
| C. | Automotive-Related Uses Commercial establishments, which provide parts, repair, sale and service for autos, RVs and trucks. Examples of allowable land use activities include, but are not limited to, the following: |
-- | D | D | D | D | D | -- | D | D | D | D | |
| **1.**Auto Parts Sales – No Installations | |||||||||||||
| **2.**Auto Parts Sales – With Installations | -- | D | D | D | D | D | -- | D | D | -- | D | ||
| **3.**Auto Repair (e.g., bodywork, engine and drive train, painting and misc. work) |
-- | C | C | -- | C | -- | -- | C | C | -- | C | ||
| **4.**Car, RV and Truck Sales – New | -- | D | D | -- | D | -- | C | D | D | D | D | ||
| **5.**Car, RV and Truck Sales – Used | -- | C | C | -- | C | -- | C | D1 | C | C | C | ||
| **6.**Car Washes | -- | C | C | C | -- | -- | -- | D | C | -- | C | ||
| **7.**Impound Vehicle Storage Yards | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | ||
| **8.**Service Stations | C | C | C | C | C | C | C | C | C | C | -- | ||
| **9.**Vehicle Leasing/Rental | -- | D | D | D | -- | D | -- | D | D | D | D | ||
| D. | Boarding/Lodging Facilities Commercial establishments, which provide boarding, camping spaces/facilities, and lodging (with or without meals). Examples of allowable land use activities include, but are not limited to, the following: |
||||||||||||
| **1.**Boarding Houses | -- | -- | C | -- | -- | C | -- | -- | -- | -- | -- | ||
| **2.**Fraternities/Sororities | -- | -- | -- | C | -- | -- | -- | -- | -- | -- | -- | ||
| **3.**Hotels/Motels | -- | C | C | -- | -- | C | C | -- | -- | C | -- | ||
| **4.**RV Parks | -- | C | C | -- | -- | -- | -- | -- | C | -- | -- |
II-19.06-5
June 2024
COMMERCIAL ZONES – 19.06
| LAND USE ACTIVITY | CO | CG- 1 |
CG- 2 |
CG- 3 |
CR-1 | CR-2 | CR-3 | CR-4 | CH | CCS- 1 |
CCS- 2 |
||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| **5.**Single Room Occupancy (SROs) | -- | -- | C | -- | -- | C | -- | -- | -- | -- | -- | ||
| **6.**Extended Lodging Facilities (MC 1126 7/4/02) |
-- | -- | -- | -- | -- | C | C | -- | -- | -- | -- | ||
| E. | Eating/Drinking Establishments Commercial establishments, which serve prepared food or beverages for consumption on or off the premises. Examples of allowable land use activities include, but are not limited to, the following: |
-- | C | C | C | C | C | C | -- | -- | C | -- | |
| **1.**Night Clubs/Bars/Lounges | |||||||||||||
| **2.**Restaurants – No Drive-Thru | D | D | D | D | D | D | D | -- | D | D | D | ||
| **3.**Restaurants – With Drive-Thru | -- | C | C | C | -- | C2 | C3 | -- | -- | -- | -- | ||
| **4.**Restaurants – Take-Out Only (No seats) |
D | D | D | D | D | D | D | -- | D | D | D | ||
| F. | Entertainment/Recreation Commercial establishments, which provide participant/spectator amusement, entertainment or sport, primarily for financial gain. Examples of allowable land use activities include, but are not limited to, the following: |
-- | -- | -- | -- | -- | -- | -- | -- | D | -- | -- | |
| **1.**Adult Entertainment | |||||||||||||
| **2.**Auditoriums, Convention Halls and Theaters |
C | C | C | C | C | C | C | -- | C | C | C | ||
| **3.**Banquet Halls | C | C | C | C | C | C | C | -- | C | C | C | ||
| **4.**Movie Theaters4 | C | C | C | C | C | C | C | -- | C | C | C | ||
| **5.**Miscellaneous Indoor | D | D | D | D | D | D | D | -- | D | D | D | ||
| **6.**Miscellaneous Outdoor | C | C | C | C | C | C | C | -- | C | C | C | ||
| G. | Financial Commercial establishments, which engage in monetary transaction not directly related to the sale of a product/service |
D | D | D | D | D | D | D | -- | D | D | D | |
| H. | Medical/Care Facilities/Social Services Commercial establishments, which provide services of a medical/care nature, related to the health and welfare of the City’s residents. Examples of allowable land use activities include, but are not limited to, the following: |
C | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **1.**Blood Banks | |||||||||||||
| **2.**Emergency Shelters | -- | -- | -- | -- | -- | D15 | -- | -- | D15 | -- | -- | ||
| **3.**Health Clinics/Outpatient Surgery | D | D | D | D | D5 | D | D | -- | -- | D | -- | ||
| **4.**Medical Offices | D | D | D | D | D | D | D | -- | D | D | D | ||
| **5.**Hospitals | C | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | ||
| **6.**Outpatient – Treatment Programs | C | C | C | -- | -- | -- | -- | -- | -- | D | -- | ||
| **7.**Residential Care Facilities | C | C | C | -- | -- | C | -- | -- | -- | -- | -- | ||
| **8.**Senior/Congregate Care Facilities | C | C | C | -- | -- | C | -- | -- | -- | -- | -- | ||
| **9.**Social Services Centers | C | C | C | C | -- | C | C | -- | -- | -- | -- |
II-19.06-6
June 2024
COMMERCIAL ZONES – 19.06
| LAND USE ACTIVITY | CO | CG- 1 |
CG- 2 |
CG- 3 |
CR-1 | CR-2 | CR-3 | CR-4 | CH | CCS- 1 |
CCS- 2 |
||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| I. | Personal Service Commercial establishments, which provide needed services of a personal nature. Examples of allowable land use activities include, but are not limited to, the following: |
D | D | D | D | D | D | D | -- | -- | D | D | |
| **1.**Barber/Beauty/Nail Shops | |||||||||||||
| **2.**Dance Schools/Karate Studios | D | D | D | D | D | D | D | -- | -- | D | D | ||
| **3.**Dry Cleaners | D | D | D | D | D | D | D | -- | D | -- | D | ||
| **4.**Health/Athletic Clubs | D | D | D | D | D | D | D | -- | -- | D | D | ||
| **5.**Laundromats (self-serve) | -- | D | D | D | -- | D | -- | -- | -- | -- | D | ||
| J. | Retail Commercial Commercial establishments, which sell merchandise generally needed/desired by the community. Examples of allowable land use activities include, but are not limited to, the following: |
-- | C | C | C | -- | -- | -- | -- | -- | -- | -- | |
| **1.**Convenience Stores | |||||||||||||
| **2.**Drug Stores | D | D | D | D | D | D | D | -- | D | D | D | ||
| **3.**Flower/Gift Shops | D | D | D | D | D | D | D | -- | D | D | D | ||
| **4.**General Merchandise (including Supermarkets) |
-- | D | D | D | D | D | D | -- | D | D | D | ||
| **5.**Home Improvements with Outdoor Display of Lumber, Garden and Nursery Items |
-- | D | D | D | -- | -- | D | -- | D | -- | -- | ||
| **6.**Indoor Retail Concession Malls | -- | C | C | -- | -- | -- | -- | -- | C | -- | -- | ||
| **7.**Liquor Stores | -- | C | C | C | C | C | C | -- | -- | C | C | ||
| **8.**Medical Equipment and Supplies | D | D | D | -- | D | D | -- | -- | -- | -- | -- | ||
| **9.**Mini-Malls | -- | C | C | C | -- | -- | C | -- | -- | C | -- | ||
| **10.**Mobile Home Sales | -- | D | D | D | -- | D | D | D | D | -- | D | ||
| **11.**Neighborhood Grocery Stores (with or without alcohol sales) (MC 1093 4/5/01) |
-- | C | C | C | -- | C | -- | -- | C | -- | -- | ||
| **12.**Nurseries/Garden Supplies | -- | D | D | D | D | -- | D | -- | D | D | D | ||
| **13.**Office Supplies/Equipment | D | D | D | D | D | D | D | -- | D | D | D | ||
| **14.**Specialty Food Stores (no alcohol sales) |
D | D | D | D | D | D | D | -- | D | D | D | ||
| K. | Service Commercial Commercial establishments, which store large inventories of goods typically in industrial-style structures where goods are not produced on the site, but are offered for sale. Examples of allowable land use activities include, but are not limited to, the following: |
-- | D | D | -- | -- | D | D | -- | D | D | D | |
| **1.**Catering Establishments | |||||||||||||
| **2.**Cleaning/Janitorial | -- | D | D | -- | -- | D | D | -- | D | D | D | ||
| **3.**Copy Centers/Postal Service Centers and Blueprinting |
D | D | D | D | D | D | D | -- | D | D | D |
II-19.06-7
June 2024
COMMERCIAL ZONES – 19.06
| LAND USE ACTIVITY | CO | CG- 1 |
CG- 2 |
CG- 3 |
CR-1 | CR-2 | CR-3 | CR-4 | CH | CCS- 1 |
CCS- 2 |
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| **4.**Equipment Rental/Sales/Service Yard | -- | -- | -- | -- | -- | -- | -- | -- | D | -- | -- | |
| **5.**Laboratories (e.g., Film, Medical and Dental, “R&D”, etc.) |
D | D | D | D | D | D | D | -- | D | D | D | |
| **6.**Misc. Repairs/Services (indoors only) | -- | D | D | D | D | D | D | -- | D | D | D | |
| **7.**Publishing/Printing Plants | -- | -- | -- | -- | -- | D | -- | -- | D | D | D | |
| **8.**Recycling Facilities | D6 | D6 | D6 | D6 | D6 | D6 | D6 | D6 | D6 | D6 | D6 | |
| **9.**Recycling Facilities (reverse vending only) |
D | D | D | D | D | D | D | -- | D | D | D | |
| **10.**Veterinary Services – Animal Boarding |
-- | C | C | C13 | -- | -- | -- | -- | C | -- | C | |
| **11.**Veterinary Services – No Animal Boarding |
-- | D | D | -- | -- | -- | -- | -- | D | -- | -- | |
| **12.**Welding and Related Uses | -- | -- | -- | -- | -- | -- | -- | -- | D | -- | -- | |
| L. | Other | |||||||||||
| **1.**Antennae/Satellite Dish | D | D | D | D | D | D | D | D | D | D | D | |
| **2.**Bakeries (Commercial) | -- | -- | D | -- | -- | -- | -- | -- | -- | D | D | |
| **3.**Cable Companies | -- | D | -- | -- | -- | -- | -- | -- | D | -- | -- | |
| **4.**Clubs, Lodges and Meeting Halls | D | D | D | -- | D7 | D | D | -- | D | D | D | |
| **5.**Combination Residence/Office8 | C | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **6.**Commercial Cannabis Activities14 | -- | D | D | D | -- | D | D | -- | D | D | D | |
| **A)**Cultivation | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **B)**Distribution (Stand-Alone) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **C)**Manufacturing **i.**Non-Volatile (License Types N, P & S) |
-- | -- | -- | -- | -- | -- | -- | -- | CCB | -- | -- | |
| **ii.**Volatile | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **D)**Microbusiness **i.**Non-Retail |
-- | -- | -- | -- | -- | -- | -- | -- | CCB | -- | -- | |
| **ii.**Retail (15% or less) | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **iii.**Retail (Over 15%) | -- | CCB | CCB | CCB | CCB | CCB | CCB | -- | CCB | CCB | -- | |
| **E)**Retail **i.**Storefront |
-- | CCB | CCB | CCB | CCB | CCB | CCB | -- | CCB | CCB | -- | |
| **ii.**Non-Storefront | -- | CCB | CCB | CCB | CCB | CCB | CCB | -- | CCB | CCB | -- | |
| **F)**Testing Laboratory | -- | CCB | CCB | CCB | CCB | CCB | CCB | -- | CCB | CCB | -- | |
| **7.**Day Care Facilities | C | D | D | D | D | D | D | D | D | D | D | |
| **8.**Educational Services (except Trade /Tech) |
-- | C | C | -- | D7 | C | -- | -- | D | -- | -- | |
| **9.**Fences/Walls | D | D | D | D | D | D | D | D | D | D | D | |
| **10.**Fuel Dealers | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | |
| **11.**Funeral Parlors/Mortuaries | -- | C | C | -- | -- | -- | -- | -- | -- | -- | -- | |
| **12.**Heliports/Helipads | C | C | -- | -- | -- | -- | C | -- | C | -- | -- | |
| **13.**Libraries | D | D | D | D | D | D | D | -- | D | D | D |
II-19.06-8
June 2024
COMMERCIAL ZONES – 19.06
| LAND USE ACTIVITY | CO | CG- 1 |
CG- 2 |
CG- 3 |
CR-1 | CR-2 | CR-3 | CR-4 | CH | CCS- 1 |
CCS- 2 |
|
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| **14.**Mini-storage | -- | C9 | -- | -- | -- | -- | -- | -- | -- | -- | -- | |
| **15.**Mixed-Use (excluding residential) | D | D | D | D | D | D | D | -- | D | D | -- | |
| **16.**Mixed-Use Commercial and Artist Residential Development (including Colony and combination residence/office) |
D | D | D | D | D | D | D | -- | -- | D | -- | |
| **17.**Multi-Family Housing | -- | -- | D10 | -- | -- | D | -- | -- | -- | -- | -- | |
| **18.**Museums | D | D | D | D | D | D | D | -- | D | D | D | |
| **19.**Office Conversion from Single- Family Residential |
D11 | D | D11 | D | D | D | D | -- | D | D | D | |
| **20.**Parking Lots | D | D | D | D | D | D | D | D | D | D | D | |
| **21.**Parking Structures | D | -- | -- | -- | D | D | D | -- | -- | -- | -- | |
| **22.**Pipelines (as defined by Section 19.20.030.12.E or as superseded by State or Federal law) |
C | C | C | C | C | C | C | C | C | C | C | |
| **23.**Police/Fire Protection | D | D | D | D | D | D | D | D | D | D | D | |
| **24.**Public Utility Uses | D | D | D | D | D | D | D | D | D | D | D | |
| **25.**Radio/Television Broadcasting | -- | D | -- | -- | D12 | D | -- | -- | D | D | D | |
| **26.**Religious Facilities | -- | C | C | C | C | C | C | -- | C | C | C | |
| **27.**Single-Family Residential (existing) | P | P | P | P | P | P | P | P | P | P | P | |
| **28.**Swap Meets | -- | -- | -- | -- | -- | -- | -- | -- | C | -- | -- | |
| **29.**Temporary Uses (subject to [T] Temporary Use/Special Use Permit |
T | T | T | T | T | T | T | T | T | T | T | |
| **30.**Trade/Tech Schools | C | D | D | -- | D12 | D | D | -- | -- | D | -- | |
| **31.**Transit Center | -- | -- | -- | -- | -- | -- | -- | -- | -- | D | -- | |
| **32.**Winery/Microbrewery | -- | C | C | C | C | C | C | -- | C | C | C |
- 1 Used vehicle sales may only be in conjunction with a “new” sales dealer.
2 Only on properties in the Freeway Corridor Overlay District with frontage on 5th Street; (MC 1338 11/15/10)
- 3 Repealed by Ordinance; (MC 1436 12/19/16)
4 Project with any single theater (regardless of others) having auditoriums of 3,000 square feet or less and 200 seats or fewer unless exempt by Development Agreement in place by February 22, 2012. Applies to theaters established after February 22, 2012.
5 (MC 1115 3/7/02)
6 Must be in compliance with Section 19.06.030(2)(R)
7 (MC 1115 3/7/02)
8 (MC 1218 3/6/06)
- 9 (MC 1035 12/17/98)
10 Requires approval by Council
- 11 Refer also to Table 06.03
12 (MC 1115 3/7/02)
13 (MC 1492 5/2/18)
14 (MC 1519 7/17/19; MC 1601 12/7/22)
15 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E; (MC 1636 05/01/24)
II-19.06-9
June 2024
COMMERCIAL ZONES – 19.06
19.06.025 PROHIBITED USES (MC 1233 10/2/06) ¶
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as “Zoning Consistency Review”), shall be issued or granted for the establishment of a new business, or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses:
A. Smoke Shops – Establishments that either exclusively sell or have more than ten percent (10%) of their floor area dedicated to the display, use, or sale of cigarettes, cigars, pipes, bongs, tobacco, hookah, e-cigerettes, and related paraphernalia. ( MC 1405 7/7/14)
B. Single-price overstock/discount store – Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock merchandise, and primarily at a single discount price in the low and very low price ranges, including but not limited to food stuffs, alcoholic beverages, apparel and accessories, costume jewelry, notions and wares, housewares, fountain refreshments, and toys. This category shall not include single-price overstock discount stores containing a minimum floor area of 9,000 square feet in size and approved under a Conditional Use Permit. ( MC 1367 12/07/11)
C. Tattoo Parlors and/or Body Piercing Studios – Establishments that engage in any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring and/or establishments that create an opening in the body of a person for the purpose of inserting jewelry or other decoration. This category shall not include licensed physicians, nurses, electrologists, and cosmetologists and shall also not include jewelry stores that offer ear piercing.
D. Second Hand Stores/Thrift Stores – Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment, including re-sale shops, consignment shops, and similar businesses. This category shall not include the following:
1. Stores owned or operated by existing entities recognized as non-profit by the Secretary of State of the State of California, and in “good status” with the same.
2. Antique Stores – An antique, for the purposes of this ordinance, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years old. This includes any premise used for the sale or trade of articles of which 90% or more are over 50 years old or have collectible value.
3. Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited.
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E. Check-Cashing, Cash Advance, and Loan Facilities – Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or industrial loan company.
1. This category shall include any business licensed by the California Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as “payday advance,” “cash advance,” or “payday loan” services.
2. This category shall not include any ancillary check-cashing facility that is located entirely within a major retailer over 15,000 square feet in size.
F. Convenience Stores (if located within a one mile radius or another convenience store) – The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with an automobile service station.
G. Pawn Shops – Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing of personal property and reselling or agreeing to resell such articles at prices previously agreed upon.
1. This category shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location.
2. This category shall not include any legally established pawnshop relocating to another property within the City subject to approval of a Conditional Use Permit. (MC 1443 5/1/17)
F. Automotive Stereo Shops – Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell and install automotive stereos and accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area.
G. Tire Stores – Establishments less than 5,000 square feet in size which sell new and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities.
H. Self-Service Laundry – Any commercial establishment providing the use of self-service washing machines and dryers to the public, usually coin-operated. This category shall not include self-service laundries approved under a Conditional Use Permit to be established in a multi-tenant center of at least 20,000 square feet. ( MC 1367 12/07/11)
I. Recycling Center – Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public, unless required as a Certified Recycling Center by the California Public Resources Code, or donation drop boxes operated by a valid non-profit organization. ( MC 1381 12/19/12)
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- J. Party Supply Stores – Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. This category shall not include party supply stores of at least 2,500 square feet and located in a multi-tenant center of at least 20,000 square feet, or party supply stores established in a single-tenant building of at least 10,000 square feet of floor area; and approved under a Conditional Use Permit. ( MC 1367 12/07/11)
2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 150,000 square feet of floor area and that have at least one major commercial-anchor-tenant, and subject to a Conditional Use Permit pursuant to Development Code Chapter 19.36. ( MC 1405 7/7/14)
3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size
19.06.030 DEVELOPMENT STANDARDS ¶
1. GENERAL STANDARDS
- A. The following standards are minimum unless stated as maximum. See Table 06.02.
B. COMMERCIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all commercial zones, except as otherwise provided for in this Development Code:
1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g. patio dining areas and nursery sales limited to plants and trees) or permanent outdoor sales and display areas, for major tenants (15,000 sq. ft. or greater) shall be approved with a Development Permit. Temporary outdoor sales and displays are permitted pursuant to Chapter 5.22 of the Municipal Code. ( MC 972 7/4/96)
2. Outside storage, which shall be limited to within cargo containers only, shall be confined to the rear of the principal structure(s) or the rear two-thirds of the site, whichever is the more restrictive, and screened from public view from any adjoining properties and public rights-of-way by appropriate walls, fencing and landscaping and shall be approved with a Development Permit.
- No storage shall occur on any vacant parcel. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. ( MC 1393 12/2/13)
3. 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 three sides by a solid wall six feet in height and on the fourth side by a solid gate not less than five 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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4. All roof-mounted air conditioning or heating equipment, vents or ducts shall not be visible from any abutting lot, or any public street or right-of-way. This shall be accomplished through the extension of the main structure or roof or screened in a manner which is architecturally integrated with the main structure(s).
5. Elevations of all structures shall be architecturally treated to ensure compatibility with high quality neighboring structures.
6. An intensity bonus of up to 12 square feet for each 1 square foot of permanent space for properly designed and administered day care facilities may be approved by the review authority.
TABLE 06.02 COMMERCIAL ZONES DEVELOPMENT STANDARDS
| DEVELOPMENT STANDARDS |
CO | CG-1 | CG-2 | CG-3 | CR-1 | CR-2 | CR-3 | CR-4 | CH | CCS-1 | CCS-2 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Net Lot Area1 | 10,000 | 10,000 | 10,000 | 10,000 | 0 | 0 | 10,000 | 1 ac. | 10,000 | 10,000 | 1 ac. |
| Front Setback | 15 | 10 | 10 | 15 | 0 | 0 | 15 | 20 | 10 | 20 | 10 |
| Rear Setback | 10 | 02 | 02 | 02 | 0 | 0 | 10 | 0 | 0 | 10 | 10 |
| Side Setback (Each) | 10 | 02 | 02 | 02 | 0 | 0 | 10 | 5 | 0 | 10 | 10 |
| Side Setback (Street Side) | 10 | 10 | 10 | 10 | 0 | 0 | 10 | 20 | 10 | 10 | 10 |
| Lot Coverage (Maximum %) |
50 | 50 | 50 | 50 | 75 | 100 | 75 | 75 | 75 | 50 | 75 |
| Structure Height (Maximum)/Feet |
4 st.3/ 52 |
2 st.5/ 30 |
2 st./ 30 |
2 st./ 30 |
4 st./ 52 |
1004 | 4 st.5/ 52 |
2 st./ 30 |
45 | 2 st.5/ 30 |
2 st.5/ 50 |
st. = story
ac. = acre
- 1 This standard is only required for new commercial and industrial subdivisions
2 Except if adjacent to any Residential Land Use District, where the minimum side or rear setback shall be 10 feet.
3 Except withn 75 feet of any Residential Land Use District, the maximum height is 2 stories or 30 feet.
4 Except additional height may be allowed as provided as bonus height provision of Section 19.06.030(2)(E).
- 5 May exceed this height with a Conditional Use Permit, pursuant to Section 19.36. In CG-1, the site must abut a freeway (MC 1381 12/19/12)
CCS-1 was added with MC 941 on 6/6/95
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SITE DEVELOPMENT STANDARDS CO (COMMERCIAL OFFICE) ZONE
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SITE DEVELOPMENT STANDARDS CG-1 (COMMERCIAL GENERAL) ZONE
MIN. LOT AREA: 10,000 SQUARE FEET MAX. LOT COVERAGE: 50%
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SITE DEVELOPMENT STANDARDS CG-2 (COMMERCIAL GENERAL-2) ZONE
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SITE DEVELOPMENT STANDARDS CG-2 (COMMERCIAL GENERAL-3) ZONE
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SITE DEVELOPMENT STANDARDS CR-1 (COMMERCIAL REGIONAL-MALLS) ZONE
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SITE DEVELOPMENT STANDARDS CR-2 (COMMERCIAL REGIONAL-DOWNTOWN) ZONE
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SITE DEVELOPMENT STANDARDS CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) ZONE
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*MAY EXCEED THIS HEIGHT WITH CONDITIONAL USE PERMIT PURSUANT TO SECTION 19.36
SITE DEVELOPMENT STANDARDS CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) ZONE
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SITE DEVELOPMENT STANDARDS CH (COMMERCIAL HEAVY) ZONE
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SITE DEVELOPMENT STANDARDS CCS-1 (CENTER CITY SOUTH) ZONE
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SITE DEVELOPMENT STANDARDS CCS-2 (CENTER CITY SOUTH) ZONE
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TABLE 06.03 COMMERCIAL AND INDUSTRIAL ZONES SPECIFIC STANDARDS
| SPECIAL STANDARDS | SPECIAL STANDARDS | CO | CG- 12 |
CG- 2 |
CG- 3 |
CR- 1 |
CR- 2 |
CR- 3 |
CR- 4 |
CH | CCS | CCS | OIP | IL | IH | IE | UBP3 | UBP3 | UBP3 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 1 | 2 | 3 | |||||||||||||||
| A. | Adult Business | x | x4 | ||||||||||||||||
| B. | Alcohol Beverage Control License |
x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | |||
| C. | Automobile Sales | x | x | x | x1 | x | x | x | x | x | |||||||||
| D. | Automobile Dismantling |
x | x | ||||||||||||||||
| E | Bonus Height | x | |||||||||||||||||
| F. | Commercial Cannabis Activities (MC 1519 7/17/19) |
x | x | x | x | x | x | x | x | x | x | x | |||||||
| G. | Convenience Stores | x | x | x | x | ||||||||||||||
| H. | Daycare Centers | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x |
| I. | Drive-Thru Restaurants | x | x | x | x | x1 | x | ||||||||||||
| J. | Indoor Retail Concession Malls (MC 825 3/17/92) |
x | x | x | |||||||||||||||
| K. | Microbrewery | x | x | x | x | x | x | x | x | x | x | ||||||||
| L. | Mini Malls | x | x | x | x | x | x | ||||||||||||
| M. | Mini Storage | x5 | x | x | x | ||||||||||||||
| N. | Mixed Use Commercial & Residential Development (Including Artist Colony & combination Residence/Office) (MC 1218 3/6/06) |
x | x | x | x | x | x | x | x | x | |||||||||
| O. | Mobile Vendors | x | |||||||||||||||||
| P. | Multi-FamilyHousing | x | x | ||||||||||||||||
| Q. | Neighborhood Grocery Stores (with or without alcohol) (MC 1218 3/6/06) |
x | x | x | x | x | |||||||||||||
| R. | RecyclingFacilities | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x | x |
| S. | Sales and Production of Handicraft Items |
x | |||||||||||||||||
| T. | Senior Housing | x | x6 | x | x | ||||||||||||||
| U. | Service Stations (Gasoline) |
x | x | x | x | x | x | x | x | x | x | ||||||||
| V. | Service Station Conversions |
x | x | x | x | x | x | x | x | x | x | x | x | ||||||
| W. | Single-Family Housing, Existing (MC 823 3/5/92) |
x | x | x | x | x | x | x | x | x | x | x | x | x | |||||
| X. | Single- Family/Office Conversions (MC 818 1/7/92) |
x | x | x | x | x | x | x | x | x | x | x | x | x | |||||
| Y. | Single Room Occupancy (SRO) Facilities (MC 809 10/8/91) |
x | x | ||||||||||||||||
| Z. | Social Service Uses/Centers (MC 1106 11/1/01) |
x | x | x | x | x | x | x | |||||||||||
| AA. | Extended Lodging Facilities (MC 1126 7/4/02) |
x | x |
1 South of I-10 and adjacent to Tippecanoe Avenue between Hospitality Lane and I-10 only. (MC 989 1/16/97; MC 1098 7/5/01)
2 (MC 856 12/21/92)
3 (MC 863 3/24/94)
4 (MC 896 2/22/94; MC 909 8/16/94)
5 (MC 1035 12/17/98)
6 CG-1 only. (MC 1304 5/4/09)
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2. SPECIFIC STANDARDS FOR COMMERCIAL ZONES
In addition to the general development requirements contained in Chapter 19.20 (Property Development Standards), the following standards shall apply to specific commercial zones. (See Table 06.03 on previous page.) For residential uses in commercial zones, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
A. ADULT BUSINESSES (MC 1060 10/18/99)
1. Legislative Purpose. It is the intent of this ordinance to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult Businesses in close proximity to each other or proximity to other incompatible uses such as schools, parks, religious institutions, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of Adult Businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of Adult Businesses or their close proximity to incompatible uses, while permitting the location of Adult Businesses in certain areas. It is also the purpose of this ordinance to regulate Adult Businesses in order to promote the health, safety, and general welfare of the citizens of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to adult materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.
2. Definitions. For the purpose of this section, the following definitions shall apply:
a. Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by 5 or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."
b. Adult Bookstore. An establishment which has a substantial portion of its stock-intrade and offers for sale for any form of consideration any 1 or more of the following:
- 1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or
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2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
c. Adult Business/Adult Entertainment Business means:
1) Any business establishment which as a regular and substantial course of conduct offers, sells or distributes adult-oriented merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” but not including those uses or activities which are preempted by State law; or
2) Any business establishment or concern which as a regular and substantial course of conduct operates as an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment.
d. Adult Cabaret. Nightclub, bar, restaurant or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."
e. Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."
f. Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."
g. Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
h. Establishment of an Adult Entertainment Business. Includes any of the following:
- 1) The opening or commencement of any such business as a new business; 2) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
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3) The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
4) The relocation of any such business.
i. Massage Parlor. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
j. Sexual Encounter Establishment. An establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where 2 or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy.
k. Specified Anatomical Areas. Includes any of the following:
1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
l. Specified Sexual Activities. Includes any of the following:
1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3) Masturbation, actual or simulated; or
4) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (3) of this subsection.
m. Substantial Enlargement. The increase in floor area occupied by the business by more than 10%, as such floor area exists on the effective date of this Development Code.
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- n. Substantial Portion. For the purposes of this section "substantial portion" shall mean 20% or more of the face value of the stock in trade, or 20% of the floor area of the store, whichever is more. ( MC 799 7/1/91)
3. Adult Business Development Permit (DP-D). Adult businesses are permitted, subject to a Development Permit (DP-D), only in the CH and IL zones. It shall be unlawful for any person to establish an Adult Business in the City of San Bernardino unless the person first obtains and continues to maintain in full force and effect a Development Permit (DPD) from the City of San Bernardino as herein required.
Business Development Permit (DP-D).** Adult businesses are permitted, subject to a Development Permit (DP-D), only in the CH and IL zones. It shall be unlawful for any person to establish an Adult Business in the City of San Bernardino unless the person first obtains and continues to maintain in full force and effect a Development Permit (DPD) from the City of San Bernardino as herein required.
a. Notwithstanding any other provision of this Development Code, the Development/Environmental Review Committee (D/ERC) shall adopt findings and approve an application for an Adult Business Development Permit II within fortyfive (45) days after receipt of a complete application if the application satisfies the requirements of this section. If the D/ERC determines that the application does not satisfy the requirements of this section, the D/ERC shall deny the application.
b. Any party shall have the right to appeal the D/ERC’s decision to the Planning Commission, and to subsequently appeal the Planning Commission’s decision to the Council pursuant to Development Code Chapter 19.52. The Planning Commission and the Council shall each hold a hearing and shall render a decision within thirty (30) days after each appeal is filed unless a continuance is requested by the applicant for the Adult Business Development Permit II.
c. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the Council shall be commenced not later than the ninetieth day after the Council’s decision is rendered. The Council shall take all lawful steps to insure that any party aggrieved by its decision shall be afforded prompt judicial review of said Council’s decision.
d. Standards for Approval of Adult Business Development Permit II:
1) The operation, as proposed by the applicant, would comply with all applicable laws, including but not limited to the City’s building, fire, zoning and health regulations.
2) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the application process, or on any document required by the City in conjunction therewith.
3) It is unlawful to cause or permit the establishment or substantial enlargement of an adult business, within 2,000 feet of another adult business or within 1,000 feet of any religious institution which received development approval prior to December 14, 1994, any school or any public park within the City or within 1,000 feet of any property designated for residential use or used for residential purposes. (MC 915 12/20/94; MC 942 6/6/95)
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4) Measurement of Distance. The distance between any 2 adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park or any property designated for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school or public park or the property designated for residential use or used for residential purposes. Should the straight line distance be intersected by a freeway, a river or a flood control channel, the distance shall instead be measured by the shortest route of travel. ( MC 977 7/31/96)
5) Signs. All on-site signage shall conform to Chapter 19.22.
6) Viewing Area.
a. It is unlawful to maintain, operate or manage or permit to be maintained, operated or managed any adult business in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this Section, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show or film.
b. It is unlawful for more than 1 person at a time to occupy any individual partitioned viewing area or booth.
c. It is unlawful to create, maintain or permit to be maintained any holes or other openings between any 2 booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.
d. The opening to the viewing area shall be from the main aisle.
7) The applicant and owner, and every subsequent owner of the adult business shall obtain an adult entertainment license pursuant to SBMC Chapter 5.14. Failure to maintain said adult entertainment license in effect while the adult business is in operation shall be grounds for revocation of the Adult Business Development Permit II. The conditions of approval imposed on said adult entertainment license shall be included as conditions of approval on the Adult Business Development Permit II.
8) All construction shall comply with all applicable requirements in the San Bernardino Municipal Code and Development Code including, but not limited to the California Building Standards Code as incorporated in San Bernardino Municipal Code Chapter 15.04.
9) The D/ERC shall impose additional conditions prior to approval of an application for an Adult Business Development Permit II which are deemed
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necessary by the DERC to insure compliance with the Development Code and to protect the public health and safety. Such conditions shall be limited to the following: hours of operation, maximum occupancy, fire and life safety issues, fire suppression, exterior signage, exterior and interior lighting, parking, landscaping, existence of public telephones, and security guards.