HomeMy WebLinkAbout04-17-1991 Minutes
City of San Bernardino, California
April 17, 1991
This is the time and place set for an Adjourned Regular
Meeting of the Mayor and Common Council of the City of San
Bernardino at their Regular Meeting held at 8:30 a.m., Monday,
April 15, 1991, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
The City Clerk has caused to be posted the order of
adjournment of said meeting held on April 15, 1991, and has on
file in the office of the City Clerk an affidavit of said posting
together with a copy of said order which was posted at 10: 00
a.m., Tuesday, April 16, 1991, on the door of the place at which
said meeting was held.
The Adjourned Regular Meeting of the Mayor and Common
Council of the City of San Bernardino was called to order by
Mayor Holcomb at 10:11 a.m., in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, pope-Ludlam, Miller; Senior Assistant
City Attorney Barlow, City Clerk Krasney. Absent: City
Administrator Edwins.
READING OF RESOLUTIONS AND ORDINANCES
City Clerk Krasney read the titles of all
and ordinances on the regular, supplemental
Development Commission agendas.
the resolutions
and Community
COUNCIL MEMBER POPE-LUDLAM EXCUSED
Council Member Pope-Ludlam left the Council meeting.
WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that further reading of
all resolutions and ordinances on the regular, supplemental and
Community Development Commission agendas be waived.
COUNCIL MEMBER POPE-LUDLAM RETURNED
Council Member Pope-Ludlam returned to the Council meeting
and took her place at the council table.
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 10:15 a.m., the Regular Meeting of the Community
Development Commission was called to order by Chairman Holcomb in
the Council Chambers of City Hall, 300 North "D" Street, San
1
4/17/91
Bernardino, California.
WEST SIDE PLAZA FLOAT LOAN GUARANTEES (WELLS FARGO LINE
OF CREDIT) - CONTINUED FROM APRIL 15, 1991 (R-2)
This is the time and place continued to for consideration of
an amendment to the Wells Fargo line of credit.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST
INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA UNDERTAKING
CERTAIN REDEVELOPMENT ACTIVITIES - Continued from April
15, 1991 (R-2 C)
Kenneth Henderson, Executive Director, Development
Department, explained that the Department of Housing and Urban
Development had approved in concept the potential substitution of
collateral for the letters of credit issued by Wells Fargo Bank.
Mr. Henderson explained that the Commission must certify that
funds are available for the project by May 1, 1991; therefore,
the item cannot be continued to the May 6, 1991 Commission
meeting.
Mr. Henderson answered questions, and recommended that the
item be continued to the afternoon session to allow staff time to
prepare a substitute Community Development Commission resolution
to replace item two, motions A through D, which will delegate to
the Executive Director the authority to make certain financial
guarantees. (See page 19)
CITY ATTORNEY PENMAN ARRIVED AND SENIOR ASSISTANT CITY
ATTORNEY BARLOW EXCUSED
At 10:15 a.m., City Attorney Penman arrived at the Council
meeting and replaced Senior Assistant City Attorney Barlow.
PUBLIC HEARING - ESTABLISHING AND MODIFYING FEES FOR
PLANNING DIVISION SERVICES - ADOPTION OF RESOLUTION-
CONTINUED FROM APRIL 15, 1991 (S-l)
This is the time and place continued to for a public hearing
to consider the establishment and modification of the Planning
and Building Services fees.
In a memorandum dated February 21, 1991, Larry Reed,
Director of Planning and Building Services Department,
recommended adoption of the resolution modifying the Planning
Division fee schedule and establishing new fees for Planning
Services as required by the adoption of the new Development Code.
RES. 91-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO
AMENDING RESOLUTIONS NO. 83-201 AND 89-471,
ESTABLISHING NEW FEES FOR PLANNING SERVICES - Continued
from April 15, 1991 (S-l)
2 4/17/91
Mayor Holcomb opened the hearing.
Shauna Edwins, City Administrator, explained that at a
previous Council meeting a resolution was presented and a
request granted to postpone the item in order to allow staff
time to develop justification for the fee increases. A
substitute resolution has been distributed which has been
approved by the Department of Planning and Building Services and
the City Attorney.
It was recommended that the substitute resolution be
adopted; and that a public hearing be held on July 16, 1991,
relative to the establishment and modification of the Planning
and Building Services fees. It was also recommended that the fee
schedule be treated as a temporary fee schedule to remain' in
effect for a period not to exceed 90 working days.
Mrs. Edwins explained that 90 working days gives staff time
to fully prepare justification for the fees. The substitute
resolution will be in place until the justification is prepared.
Shauna Edwins answered questions and
justification would be prepared. She stated
full report would be presented to the Council.
explained how the
that in 90 days a
City Attorney Penman answered questions, and explained that
State law requires that the City present justification for any
fees that it charges.
Mr. Reed answered questions, and stated that the substitute
resolution is an amendment to Resolution 89-471 which is the
current fee resolution. The substitute resolution sets new fees
for permits that are being established by the Development Code.
Mr. Reed clarified how fees are calculated.
Mrs. Edwins answered questions, and explained that the fees
are directly derived from the Development Code. Therefore, in
each section in the Development Code where a permit is required,
the Department of Planning and Building Services has established
a charge for the permit.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, that a public hearing be
held on July 15, 1991, relative to the establishment and
modification of the Planning and Building Services fees, and that
the fee schedule be treated as a temporary fee schedule to remain
in effect for a period not to exceed 90 working days; and that
the substitute resolution be adopted.
3
4/17/91
Resolution No. 91-148 was adopted by the following vote:
Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller. Nays: None. Absent: None.
CITY ATTORNEY PENMAN EXCUSED
At 10:30 a.m., City Attorney Penman left the Council meeting
and was replaced by Senior Assistant City Attorney Barlow.
CITY OF SAN BERNARDINO DEVELOPMENT CODE - TITLE 19 OF
THE SAN BERNARDINO MUNICIPAL CODE CONTINUED FROM
APRIL 1, 1991 (1)
This is the time and place continued to for consideration of
the draft Development Code.
In a memorandum dated March 12, 1991, Larry Reed, Director
of Planning and Building Services Department, presented
additional changes to the draft Development Code requested by the
Planning and Building Services Department.
Larry Reed, Director, Planning and Building Services
Department, presented a chronological history of previous
Development Code workshop discussions as presented in
Attachments lA, 1B, and lC. California Government Code Section
65858 mandates a June 2, 1991, date for adoption of the new
Development Code. In order to meet that deadline, the first
reading of the Development Code ordinance must occur on or before
April 26, 1991; the second reading of the ordinance must occur on
May 3, 1991; then the effective date for the Development Code
would be 30 days after adoption of the ordinance, Monday, June
3, 1991.
A discussion was held regarding possible penalties if the
second reading is not until May 6, 1991, and setting a meeting
for May 3, 1991 in order to give the Development Code ordinance a
first reading.
Dennis Barlow, Senior Assistant City Attorney, stated that
to his knowledge there are no penalties for late adoption of the
ordinance, but recommended that the adoption occur on May 3,
1991.
John Montgomery, Senior Planner, Planning and Building
Services Department, explained that if the Development Code is
not adopted on May 3, 1991, then the old Title 19 would be in
effect, which has a different set of zoning districts and
standards.
Council Member Minor made a motion, seconded by Council
Member Miller, and unanimously carried, to schedule a Meeting of
the Mayor and Common Council, for Friday, May 3, 1991, at 10:00
a.m., in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California, in order to give the
4
4/17/91
Development Code ordinance its first reading.
AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON
ATTACHMENTS A THROUGH AA (I-A)
In a memorandum dated March 12, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that
Attachment 1A be adopted to include the changes as shown on
Attachments A through AA.
Mr. Reed suggested two exceptions to the recommended motion:
that Attachment A which delegates the power for General Plan
interpretation; and Attachment K which deals with automobile
sales vehicle storage, and incorporates a request from the
Supervisor of the Code Enforcement section to clarify where
vehicles can be stored, be continued to later in the meeting.
19.30.320 110\ Credit for Private Open Space. pacres 111-103
and 111-104. Attachment W (l-A)
A discussion was held regarding credits for private open
space, and Mr. Reed answered questions regarding this section;
however, no action was taken at this time.
19.28.090 Removal or Destruction of Trees.
Attachment S
pacre 111-76.
( 1-A)
Discussion
regarding this
time.
ensued,
section;
and Mr .
however, no
Reed answered questions
action was taken at this
Council Member Miller made a motion, seconded by Council
Member Minor, and unanimously carried, to amend the draft
Development Code to include the changes as shown on Attachments A
through AA, except Attachments A and K, of the memorandum dated
March 12, 1991, from Larry Reed, Director, Planning and Building
Services Department. (l-A)
CITY CLERK KRASNEY EXCUSED
At 10:42 a.m., City Clerk Krasney left the Council meeting
and the City Clerk's duties were assumed by Deputy City Clerk
Vale.
AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON
ATTACHMENTS A THROUGH AA (I-A)
Mr. Williams, Building Industry Association, Baldy View
Region, 9227 Haven Avenue, Suite 280, Rancho Cucamonga,
California, expressed concern regarding Section 19.28.090,
Removal or Destruction of Trees, and the expense developers would
incur in order to comply with the Code. Mr. Williams requested
clarification on the portion of the section referring to the
5
4/17/91
Park, Recreation and Community Services Department's policies and
procedures of the Western Chapter, International Society of
Arborculture.
Mr. Montgomery, Senior Planner, Planning and Building
Services Department, answered questions, stating that the Parks,
Recreation & Community Services Department currently has a
policy and procedure manual for landscaping which contains the
certified arborist report requirement.
19.28.090 Removal or Destruction of Trees.
Attachment S
pacre 111-76.
(I-A)
Council Member Estrada made a motion, seconded by Council
Member Miller, and unanimously carried, to reconsider Attachment
S, 19.28.090 Removal or Destruction of Trees, amending the
previous motion, to amend the draft Development Code to include
the changes as shown on Attachment A through AA, except
Attachments A, K and S of the memorandum dated March 12, 1991,
from Larry Reed, Director, Planning and Building Services
Department. (l-A)
A discussion was held regarding the recommended changes. It
was the consensus of the Council that to produce the best
document possible, that all concerns brought up at this late
hour should be addressed.
Council Member Estrada made a motion, seconded by Council
Member Flores, and unanimously carried, that Attachment S,
19.28.090 Removal or Destruction of Trees, be amended in the
second paragraph, second sentence, by adding the following: "
.The report shall follow the Department of Parks, Recreation and
Community Services Procedures and Policy. . .n
COUNCIL MEMBER POPE-LUDLAM EXCUSED
At 11:01 a.m., Council Member Pope-Ludlam left the Council
meeting.
AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON
ATTACHMENTS A THROUGH M (l-B)
In a memorandum dated March 22, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that
Attachment 1B be adopted to include the changes as shown on
Attachments A through M.
Mr. Reed suggested one exception to the recommended motion:
that Attachment L, (SRO) Single Room Occupancy standards, be
continued to a later meeting.
6
4/17/91
Council Member Estrada made a motion, seconded by Council
Member Flores, and unanimously carried, to amend the draft
Development Code to include the changes as shown on Attachments A
through M, except Attachment L (SRO) Single Room Occupancy
Standards, of the memorandum dated March 22, 1991, from Larry
Reed, Director, Planning and Building Services Department. (l-B)
COUNCIL MEMBER POPE-LUDLAM RETURNED
At 11:05 a.m., Council Member pope-Ludlam returned to the
Council meeting and took her place at the council table.
DISCUSS ISSUES AND AMEND DRAFT DEVELOPMENT CODE AS DEEMED
APPROPRIATE (l-C)
In a memorandum dated April 5, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that 1C be
adopted to include the changes as shown on Attachments A through
P as follows:
2. Plannina Commission. C. Powers. paae 1-3. Attachment A
(l-C)
In a memorandum dated April 5, 1991, Larry Reed, Director,
Planning and Building Services, recommended that the section be
amended to read as shown on Attachment A, as follows:
"C. Powers. Final approval for variances, specified
Development Permits, Conditional Use Permits, Tentative Parcel
Maps , Tentative Tract Maps, Reversions to Acreage, and Vesting
Tentative Tract Maps subject to appeal to the Mayor and Common
Council. Also, the Commission recommended to the Mayor and
Common Council for final determinations on the following
entitlements: Specific Plans, General Plan Amendments,
Development Code Amendments, Development Agreements, and Surface
Mining and Land Reclamation Plans. The Commission may also
impose conditions of approval."
3. Director of Plannina and Buildina Services. C. Powers.
paaes 1-3 and 1-4. Attachment B (l-C)
In a memorandum dated April 5, 1991, Larry Reed, Director,
Planning and Building Services, recommended that the section be
amended to read as shown on Attachment B, as follows:
"C. Powers. Final approval authority for an enforcement of
Building Permits, Certificate of Occupancy, specified Development
Permits, Home Occupation Permits, Minor Exceptions, Minor
Modifications, Sign Permits, Similar Use Determinations and
Temporary Use Permits. All of the above, except Building Permits
and Certificates of Occupancy, are subject to appeal to the
Planning Commission. The Director may impose conditions of
approval or make interpretations of this Development Code and
7
4/17/91
General Plan Interpretations which may be appealed to the
Planning Commission."
Mr. Reed answered questions regarding the recommendation,
and explained that in the past, the practice has been to allow
the Planning Commission authorization to make General Plan
interpretations. It was felt that to allow maximum flexibility
and provide expediency that the power should be vested with the
Director of Planning and Building Services.
Council Member Reilly made a motion, seconded by Council
Member Minor, to amend the draft Development Code to include the
changes as shown on Attachments A and B of the memorandum dated
AprilS, 1991, from Larry Reed, Director, Planning and Building
Services Department. (l-C)
The motion carried by the following vote:
Members Reilly, Maudsley, Minor, Pope-Ludlam,
Council Members Estrada, Flores. Absent: None.
Ayes: Council
Miller. Nays:
Table 31. 01.
Attachment C
Threshold of Review. paaes IV-2 and IV-3.
(l-C)
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that the
Threshold of Review table be amended to read as shown on
Attachment C, as follows:
"Director DRC Commission Council
Development Permits
Residential:
1-4 Dwelling Units X
5-11 Units X
12 + Units X or X
Commercial:
Tenant Improvements X
1-30,000 sq. ft. X
30,000 + sq. ft. X
Industrial:
Tenant Improvements X
1-50,000 sq. ft. X
50,000 sq. ft. X"
Mr. Reed answered questions regarding the recommendation,
and explained that in order to expedite the review process, it is
proposed to allow the Development Review Committee (DRC) to be
the review authority for all development permits.
Director Reed answered questions, and explained that State
law does not require Planning Commission approval of development
permits; that residential development permits for 12 or more
8
4/17/91
units would still go before the Planning Commission for approval;
and that with the Development Code standards and guidelines, it
was felt that requiring Planning Commission approval would only
delay the development process.
John Montgomery, Senior Planner, Planning and Building
Services Department, answered questions and explained that where
a commercial or industrial development proposal was adjacent to a
residential land use district, a notice of the development
proposal would be sent to the neighboring property owners within
500 feet of the project.
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, to amend the draft Development Code to
include the changes as shown on Attachment C of the memorandum
dated AprilS, 1991, from Larry Reed, Director, Planning and
Building Services Department. (l-C)
The motion carried by the following vote:
Members Reilly, Maudsley, Minor, Pope-Ludlam,
Council Members Estrada, Flores. Absent: None.
Ayes; Council
Miller. Nays:
COUNCIL MEMBER ESTRADA EXCUSED
Council Member Estrada left the Council meeting.
19.28.090 Removal or Destruction of Trees.
Attachment D
~age III-76.
(l-C)
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services, recommended that the section be
amended to read as shown on Attachment D, as follows:
"Removal of healthy, shade providing, aesthetically valuable
trees shall be discouraged. In the event that more than 5 trees
are to be cut down, uprooted, destroyed or removed within a 36
month period, a permit shall first be issued by the Department.
Prior to any permit issued for tree removal, all existing
trees on-site shall be included in a certified arborist report
procured by the Department of Parks, Recreation and Community
Services at the developer's expense. The report shall follow the
Department of Parks, Recreation and Community Services Procedure
and Policy of the Western Chapter, International Society of
Arborculture. Each tree that is removed in a new subdivision and
is considered to be of significant value by a certified
arborist's report shall be replaced with a 36 inch box specimen
tree in the subdivision in addition to any other required
landscaping. Commercial tree farms and the City shall be exempt
from this provision."
9
4/17/91
Council Member Flores made a motion, seconded by Council
Member Miller, and unanimously carried, to amend the draft
Development Code to include the changes shown on Attachment D of
the memorandum dated AprilS, 1991, from Larry Reed, Director,
Planning and Building Services Department. (l-C)
Discussion ensued regarding the requirement for a permit to
remove five or more trees, the cost of the permit, the potential
for exempting single family residences, and whether this
provision would require a tree for tree replacement.
Mr. Reed recommended, and the Council concurred, that
Attachment D, Removal or Destruction of Trees, be continued to
the afternoon session to allow staff time to develop amended
language incorporating the Council's concerns. (See page 14).
COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council meeting and
took her place at the council table.
4. Animal and Plant Life.
Attachment E
paaes 11-204 and 11-205.
(l-C)
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that the
section be amended to read as shown on Attachment E, as follows:
"A. Areas of a site which are identified in the
environmental study as having biological significance shall be
preserved unless exempted by the Planning Commission through the
Conditional Use Permit process."
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, to amend the draft
Development Code to include the changes as shown on Attachment E
of the memorandum dated AprilS, 1991, from Larry Reed, Director,
Planning and Building Services Department. (I-C)
4. Design Considerations. Attachments F throuah M (I-C)
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that the
section be amended to read as shown on Attachments F through M,
by the following actions:
Delete standard G "All structure elevations shall be
architecturally treated." from page 111-3, Attachment F; and
place standard G on the following pages, in the design guidelines
for Residential, Commercial and Industrial Development, page 11-
42, Attachment I; page 11-127, Attachment K; and page 11-145,
Attachment M. (I-C)
10
4/17/91
Delete standard I "Both sides of all perimeter walls or
fences shall be architecturally treated." from page 111-4,
Attachment G; and place standard I on the following pages, in the
design guidelines for Residential, Commercial and Industrial
Development, page 11-37, Attachment H; page 11-125, Attachment J;
and page 11-142, Attachment L. (I-C)
It was pointed out that by allowing these two items to be
placed in design guidelines, they will no longer be mandatory,
and will be implemented on a case by case basis.
Council Member Maudsley made a motion, seconded by Council
Member Flores, to deny the request from staff to amend the draft
Development Code to remove standards G and I from 4. Design
Considerations, pages 111-3 and 111-4, as shown on Attachments F
and G, and placing standards G and I in the Design Guidelines for
Residential, Commercial and Industrial Development, pages 11-37,
11-42, 11-125, 11-127, 11-142, and 11-145, as shown on
Attachments H through M. (l-C)
The motion carried by the following vote:
Members Flores, Maudsley, Minor, Miller. Nays:
Estrada, Reilly, Pope-Ludlam. Absent: None.
Ayes: Council
Council Member
Mayor Holcomb vetoed the previous motion.
Director Reed answered questions regarding the affordability
of housing, the value of architectural treatments in upgrading
the quality of housing in the City, and stated that these
standards would apply to residential, commercial and industrial
structures.
RECESS MEETING
At 12:02 p.m., Mayor Holcomb recessed the meeting to 2:00
p.m., in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
RECONVENE MEETING
At 2:08 p.m., Mayor Holcomb called the Adjourned Regular
Meeting to order in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Minor, Miller; Senior Assistant City Attorney Barlow,
City Clerk Krasney. Absent: Council Members Maudsley, Pope-
Ludlam; City Administrator Edwins.
CITY OF SAN BERNARDINO DEVELOPMENT CODE - TITLE 19 OF
THE SAN BERNARDINO MUNICIPAL CODE CONTINUED FROM
APRIL 1, 1991 (1)
11 4/17/91
DISCUSS ISSUES AND AMEND DRAFT DEVELOPMENT CODE AS DEEMED
APPROPRIATE (l-C)
7. Miscellaneous. paae 11-180. Attachment N
(l-C)
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that the
section be amended to read as shown on Attachment N, as follows:
"7. Miscellaneous. All future transfers of property shall
disclose to the purchaser at the time of purchase agreement and
the close of escrow the high fire hazard designation applicable
to the property (A+B+C)."
6. Geotechnical. paae 11-204. Attachment E
(l-C)
Larry Reed answered questions relating to the section.
Dennis Barlow, Senior Assistant City Attorney, stated that
upon the sale of property, there are requirements that the
developer disclose any negative aspects relating to the property,
and this item would be included in those disclosures.
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that the
section be amended to read as shown on Attachment E, as follows:
"6. A statement shall be included at the time of purchase
agreement and close of escrow to the purchaser of each lot within
the development, which informs the prospective owner of the
potential for seismic activity, and the potential hazards."
Council Member Minor made a motion, seconded by Council
Member Reilly, and unanimously carried, to amend the draft
Development Code to include the changes as shown on Attachments N
and E, respectively, of the memorandum dated AprilS, 1991, from
Larry Reed, Director, Planning and Building Services Department.
(l-C)
E. Hazardous Materials. paae 111-11. Attachment 0
(l-C)
In a memorandum dated AprilS, 1991, Larry Reed, Director,
Planning and Building Services Department, recommended that the
first paragraph on page III-ll be amended to read as shown on
Attachment 0, as follows:
"A subdivider of a development within 500 feet of a pipeline
shall notify a new owner at the time of purchase agreement and at
the close of escrow of the location, size, and type of pipeline."
(l-C)
12
4/17/91
COUNCIL MEMBER MAUDSLEY ARRIVED
At 2:12 p.m., Council Member Maudsley arrived at the Council
meeting and took his place at the council table.
Council Member Reilly made a motion, seconded by Council
Member Miller, to amend the draft Development Code to include the
changes as shown on Attachment 0 of the memorandum dated AprilS,
1991, from Larry Reed, Director, Planning and Building Services
Department. (l-C)
The motion carried by the following vote:
Members Estrada, Reilly, Flores, Minor, Miller.
Absent: Council Member Pope-Ludlam. Abstain:
Maudsley.
Ayes: Council
Nays: None.
Council Member
AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON
ATTACHMENTS A THROUGH M (l-B)
Sinale Room Occupancv (SRO) Facilitv Standards. Attachment L
(l-B)
John Lightburn, P. O. Box 1622, San Bernardino, California,
expressed concern that SRO facilities would not be developed in
the City without government subsidies. The requirements
contained in the proposed ordinance make it impractical to build
a structure to meet the goals outlined in the General Plan
housing element.
Mr. Lightburn requested that the SRO standards be continued
to a later meeting so that further discussions among the
Council, the City's Homeless Committee, and perhaps the County
Housing Authority, and the City's consultant can be conducted to
review his concerns.
Mr. Lightburn felt that the ordinance is not practical due
to excessive requirements to provide such items as infrared
cameras for security, public transportation access, rent control,
a management plan, and bicycle racks. He explained that State
law allows efficiency dwelling units to house two people in 150
square feet, while the City's ordinance allows one person per 150
square feet.
A discussion was held regarding Mr. Lightburn' s concerns;
and Mayor Holcomb requested that Mr. Lightburn present his
concerns in writing for staff to review.
Mayor Holcomb recommended that the item relative to Single
Room Occupancy (SRO) standards, be continued to the meeting
scheduled for May 6, 1991, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
13
4/17/91
DISCUSS ISSUES AND AMEND DRAFT DEVELOPMENT CODE AS DEEMED
APPROPRIATE (l-C)
19.28.090 Removal or Destruction of Trees.
Attachment D
paae 111-76.
(l-C)
Larry Reed, Director, Planning and Building Services
Department, distributed a handout which recommended that the
Section be amended to read as shown on substitute Attachment D,
as follows:
"Removal of healthy, shade providing, aesthetically valuable
trees shall be discouraged. In the event that more than 5 trees
are to be cut down, uprooted, destroyed or removed within a 36
month period, a permit shall first be issued by the Department.
Prior to any permit issued for tree removal, all existing
trees on-site shall be included in a certified arborist report
procured by the Department of Parks, Recreation and Community
Services at the developer's expense. The report shall follow the
Department of Parks, Recreation and Community Services Procedures
and Policies. Unless there is a pre-approved tree replacement
plan, each tree that is removed in a new subdivision and is
considered to be of significant value by a certified arborist
report shall be replaced with a 36 inch box specimen tree in the
subdivision in addition to any other required landscaping.
Commercial tree farms, City Government projects, and individual
single family residential lots less than one acre shall be exempt
from this provision."
A discussion was held regarding this section, and Mr. Reed
answered questions relating to the new proposed language.
Council Member Miller made a motion, seconded by Council
Member Flores, to adopt the proposed language.
Mayor Holcomb recommended that additional language be added
to clarify that the tree replacement plan would not require a
tree for tree replacement.
Mr. Reed answered questions relating to the language
clarification proposed by Mayor Holcomb.
Dennis Barlow, Senior Assistant City Attorney, stated that
in a pre-approved tree replacement plan, where a private
individual gives trees to another private individual, the City
would be involved only so far as to approve the plan. The
language presented by Larry Reed states that without the pre-
approved plan, a tree for tree replacement would be required;
however, with the pre-approved plan it may not.
Mayor Holcomb recommended that the proposed language be
14
4/17/91
clarified to state that the tree replacement plan does not
necessarily require a tree for tree replacement.
Mr. Barlow, Senior Assistant City Attorney, stated that a
definition of "tree" may be necessary, and gave the example that
for property tax purposes a tree must be seven years old.
A discussion was held regarding the proposed language and
the tree replacement plan.
John Montgomery, Principal Planner, Planning and Building
Services Department, clarified the proposed language on the
handout emphasizing that it now exempts individual single family
residences, and stated that an arborist's report is required in
order to determine the significant value of the tree.
Council Member Flores withdrew his second to the motion to
adopt the proposed language on the handout distributed by Larry
Reed, as he did not concur with Mayor Holcomb's amended language
regarding tree for tree replacement.
Council Member Miller repeated her earlier motion, seconded
by Council Member Reilly, to adopt the amended language as
presented by Larry Reed in the handout.
The motion failed by the following vote: Ayes:
Members Reilly, Minor, Miller. Nays: Council Members
Flores, Maudsley. Absent: Council Member Pope-Ludlam.
Council
Estrada,
Council Member Estrada made a motion, seconded by Council
Member Reilly, to adopt the following amended language in the
handout from Larry Reed:
"Removal of healthy, shade providing, aesthetically valuable
trees shall be discouraged. In the event that more than 5 trees
are to be cut down, uprooted, destroyed or removed within a 36
month period, a permit shall first be issued by the Department.
Prior to any permit issued for tree removal, all existing
trees on-site shall be surveyed by the Department of Parks,
Recreation and Community Services at the developer's expense.
Unless there is a pre-approved tree replacement plan, each tree
that is removed in a new subdivision and is considered to be of
significant value by the Department of Parks, Recreation and
Community Services shall be replaced with a 36 inch box specimen
tree in the subdivision in addition to any other required
landscaping. Such a plan does not necessarily require a tree for
tree replacement provision. Commercial tree farms, City
Government projects, and individual single family residential
lots less than one acre shall be exempt from this provision."
15
4/17/91
The motion carried by the following vote: Ayes:
Members Estrada, Reilly, Minor, Miller. Nays: Council
Flores, Maudsley. Absent: Council Member Pope-Ludlam.
Council
Members
4. Design Considerations. Attachments F throuah M (l-C)
Mayor Holcomb recommended that a stipulation imposing
conditions of notification should a design guideline be waived,
be added to pages 11-37, 11-42, 11-125, 11-127, 11-142, and 11-
145, Attachments H through M, so that the recommendation to amend
the draft Development Code as shown on the memorandum dated April
5, 1991, from Larry Reed, Director, Planning and Building
Services Department, could be adopted. (l-C)
Director
circumstances
waived.
Reed answered
architectural
questions
treatment
clarifying under which
requirements could be
Council Member Maudsley made a motion, seconded by Council
Member Minor, to amend the draft Development Code to include the
changes as shown on attachments H through M, of the memorandum
dated AprilS, 1991, from Larry Reed, Director, Planning and
Building Services Department, to include a stipulation on
Attachments H through M to read as follows:
"Unless there is a compelling reason, these design
guidelines shall be followed. If a guideline is waived by the
Development Review Committee, the Mayor and Common Council shall
be notified. An appeal, which does not require a fee, may be
filed by the Mayor or any Council person within 15 days of the
waiver approval."
The motion carried
Members Estrada, Reilly,
Member Flores. Absent:
by the following vote: Ayes:
Maudsley, Minor, Miller. Nays:
Council Member Pope-Ludlam.
Council
Council
ORDINANCE AND RESOLUTION ADOPTING DEVELOPMENT CODE. TITLE
19. AND ACCOMPANYING DESIGN GUIDELINES (1-4)
Council Member Miller made a motion, seconded by Council
Member Maudsley, and unanimously carried, that staff be directed
to develop an ordinance and resolution to adopt the City of San
Bernardino Development Code, Title 19, and accompanying Design
Guidelines.
Mr. Reed explained that California Government Code Section
65858 requires that the first reading of the Development Code
ordinance must occur on or before April 26, 1991.
PUBLIC HEARING - ADOPTING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN
AMENDMENT NO. 91-04 - CONTINUED FROM APRIL 1, 1991(2)
16 4/17/91
This is the time and place continued to for a public hearing
to consider adoption of the negative declaration of environmental
impact and adopting General Plan Amendment No. 91-04.
In a memorandum dated March 12, 1991, Larry Reed, Director,
Planning and Building Services Department, presented a synopsis
of previous Council action and stated that on March 6, 1991, the
Planning Commission recommended approval of proposed General Plan
Amendment No. 91-04, to amend various tables, policies, and
implementations contained in the General Plan to enable the
adoption of the Development Code.
Mayor Holcomb opened the hearing.
RES. 91-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(A)
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
(DEVELOPMENT CODE) - Continued from April 1, 1991 (2)
RES. 91-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(B)
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
(VERDEMONT AREA PLAN) - Continued from April 1, 1991
(2)
RES. 91-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(C)
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
(CENTRAL CITY SOUTH OVERLAY DISTRICT) - Continued from
April 1, 1991 (2)
RES. 91-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(D)
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
(FOOTHILL FIRE PROTECTION) - Continued from April 1,
1991 (2)
RES. 91-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(E)
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
(RETAIL USES IN CR-2 - COMMERCIAL REGIONAL DOWNTOWN)-
Continued from April 1, 1991 (2)
17
4/17/91
RES. 91-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(F)
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
(COMBINATION RESIDENTIAL/OFFICE USES IN COMMERCIAL
OFFICE DISTRICTS CO-1 & CO-2) - Continued from April 1,
1991 (2)
Council Member Maudsley made a motion, seconded by Council
Member Flores, that said resolutions be adopted.
Resolution Nos. 91-149, 91-150, 91-151, 91-152, 91-153, and
91-154 were adopted by the following vote: Ayes: Council
Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays:
None. Absent: Council Member Pope-Ludlam.
Council Member Maudsley made a motion, seconded by Council
Member Flores, and unanimously carried, that the hearing be
closed, and that the resolution amending Table 1 of the General
Plan relative to the Verdemont Area Plan, and adopting the
negative declaration, be approved. (Exhibit 3) (2)
Council Member Maudsley made a motion, seconded by Council
Member Flores, and unanimously carried, that the hearing be
closed, and that the resolution amending Table 1 of the General
Plan relative to Central City South Overlay District, and
adopting the negative declaration, be approved. (Exhibit 4)(2)
Council Member Maudsley made a motion, seconded by Council
Member Flores, and unanimously carried, that the hearing be
closed, and that the resolution amending 8 pages of the General
Plan relative to Foothill Fire Protection, and adopting the
negative declaration, be approved. (Exhibit 5) (2)
Council Member Maudsley made a motion, seconded by Council
Member Flores, and unanimously carried, that the hearing be
closed, and that the resolution amending the General Plan
relative to ground floor retail uses in the CR-2 (Commercial
Regional-Downtown), and adopting the negative declaration, be
approved. (Exhibit 6) (2)
Council Member Maudsley made a motion, seconded by Council
Member Flores, and unanimously carried, that the hearing be
closed, and that the resolution amending the General Plan
relative to combination residential/office uses in the Commercial
Office districts (CO-1 and CO-2), and adopting the negative
declaration, be approved. (Exhibit 7) (2)
COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING
At 2:50 p.m., the Adjourned Regular Meeting of the Community
Development Commission was called to order by Chairman Holcomb in
the Council Chambers of City Hall, 300 North "D" Street, San
18
4/17/91
Bernardino, California.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST
INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF
UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES-
CONTINUED FROM APRIL 15, 1991 (Discussed earlier in the
meeting, see page 2) (R-2 C)
Dennis Barlow, Senior Assistant City Attorney, explained
that a substitute resolution had been distributed which combines
the options listed in agenda item two, motions A - D, into one
resolution which will no longer be a Mayor and Common Council
item, but only a Community Development Commission item. The
substitute Community Development Commission resolution delegates
to the Executive Director the authority to make certain financial
guarantees.
Council Member Estrada made a motion, seconded by Council
Member Flores, and unanimously carried, to schedule a meeting of
the Mayor and Common Council, for Monday, April 22, 1991, at 1:00
p.m., in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California, in order to adopt an urgency
ordinance making the Development Code effective on June 3, 1991.
RECESS MEETING - CLOSED SESSION (3)
At 3:05 p.m., the Mayor and Common Council and Community
Development Commission recessed to closed session to meet with
designated representative regarding labor relations matters
pursuant to Government Code Section 54957.6.
CLOSED SESSION
At 3:06 p.m., Mayor Holcomb called the closed session to
order in the conference room of the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Miller; Senior Assistant City Attorney
Barlow, City Clerk Krasney, City Administrator Edwins. Absent:
Council Member Pope-Ludlam.
ADJOURN CLOSED SESSION
At 3:25 p.m., the closed session adjourned to the Adjourned
Regular Meeting of the Mayor and Common Council of the City of
San Bernardino.
RECONVENE MEETING
At 3:26 p.m., Mayor Holcomb reconvened the Adjourned Regular
Meeting of the Mayor and Common Council in the Council Chambers
19
4/17/91
of City Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Miller; Senior Assistant City Attorney
Barlow, City Clerk Krasney, City Administrator Edwins. Absent:
Council Member Pope-Ludlam.
ADJOURNMENT (4)
At 3:27 p.m., Mayor Holcomb adjourned the meeting to 7:00
p.m., Thursday, April 18, 1991, at Sturges Auditorium, 780 North
"E" Street, San Bernardino, California.
RACHEL KRASNEY
City Clerk
By/kk44/ '~:z.
Melanie Vale
Deputy City Clerk
No. of Items: 5
No. of Hours: 3.5
20
4/17/91