HomeMy WebLinkAbout01-30-1989 Minutes
.
.
.
City of San Bernardino, California
January 30, 1989
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 the Regular Meeting held at 9:05 a.m., Tuesday,
January 17, 1989, in the Council Chambers of City Hall, 300
North "0" Street, San Bernardino, California.
The City Clerk has caused to be posted the Notice of
Adjournment of said meeting held on Tuesday, January 17, 1989,
at 9:05 a.m., and has on file in the Office of the City Clerk
an affidavit of said posting together with a copy of said
Notice which was posted at 8:00 a.m., Wednesday, January 18,
1989, in the Council Chamber of City Hall, 300 North "0"
Street, San Bernardino, California.
The Adjourned Regular
Council of the City of San
Mayor wilcox at 9:15 a.m.
Council Chambers of City
Bernardino, California.
Meeting of the Mayor and Common
Bernardino was called to order by
Monday, January 30, 1989, in the
Hall, 300 North "0" Street, San
INVOCATION
The Invocation was given by Phil
Assistant to the Council.
Arvizo, Executive
PLEDGE
The Pledge of Allegiance
Maudsley.
was led by Council Member
ROLL CALL
Roll Call was taken by City Clerk Clark with the following
being present: Mayor Wilcox; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam; Deputy City Attorney
Empeno, City Clerk Clerk, Acting City Administrator Robbins.
Absent: Council Member Miller.
PUBLIC COMMENTS
Susan Lorraine Hartmann expressed concerns
and alcoholic women.
about battered
(A)
GENERAL PLAN MINUTES
City Clerk Shauna Clark introduced stenographer Betty
Cummings, a temporary employee in the City Clerk's Office, who
will be using a stenotype machine to take minutes and prepare
an action summary after each General Plan Meeting.
The City Clerk explained that due to elections, minutes
will be behind, and the purpose of the action summary is to
immediately communicate the results of the meetings to the
affected departments.
- 1 -
1/30/89
r
.
PERSONNEL ACTIONS
Council Member Minor made a motion, seconded by Council
Member Pope-Ludlam and unanimously carried, that the Personnel
Actions, submitted by the Director of Personnel, in accordance
with all administrative regulations of the City of San
Bernardino, be approved. (1)
BLACK HISTORY PARADE - REQUEST FOR FINANCIAL
ASSISTANCE - USE OF CITY FORCES
In a memorandum dated January 26, 1989, James Robbins,
Acting City Administrator, stated that the Ways and Means
Committee had recommended approval of $7,500 financial
assistance to the San Bernardino Black History Parade, to be
provided from the Development Fee Fund, 1988. The Committee
also recommended the waiver of City fees. (S-l)
Council Member Pope-Ludlam made a motion, seconded by
Council Member Flores and unanimously carried, that the request
for financial support in the amount of $7,500, use of City
forces and the waiver of City fees in connection with the 1989
Black History Parade, be approved.
.
REVIEW OF AND FINAL ACTION ON THE FUNDAMENTAL LAND
USE ISSUE POLICY STATEMENTS DOCUMENT OF THE GENERAL
PLAN REVISION PROGRAM - CONTINUED FROM JANUARY 3, 1989
This is the time and place continued to for review and
final action on the Fundamental Land Use Issue Policy
Statements Document of the General Plan Revision Program.
(2 )
Planning Director Brad Kilger read his memorandum dated
January 26, 1989, in which he explained that the Fundamental
Land Use Issue Policy Statements document was adopted on
January 3, 1989, except for six items which were returned to
the Citizens Advisory Committee (CAC) and Planning Commission
for additional input, as follows:
2. How much development should be accommodated?
(The draft contained "blanks" where certain
percentage and acreage figures were not available.)
10. How should the Mt. Vernon Avenue and Baseline Street
commercial corridors be more effectively used to
improve their economic viability and benefit the
community?
11. How should "E" Street north of downtown (Eighth to
Baseline) be revitalized?
21. What should be the functional role of the Norton Air
Force Base area?
.
25. What should be the functional role of the Mt. Vernon
Avenue commercial corridor?
- 2 -
1/30/89
,-
.
29: What should be the functional role of the "E" Street
corridor between Eighth Street and Baseline Street?
(This item is linked to Item No. 11)
The Planning Director explained that the Planning
Commission had finished meeting the Saturday prior to this
meeting so their comments on the document will be given orally
by Planning staff.
The Planning Director referred to a letter dated January
11, 1989, from Gill Snyder, President of the San Bernardino
Area Chamber of Commerce. In the letter, Mr. Snyder stated
the Chamber had assembled comments on the issues in the
Fundamental Land Use Issue Policy Statements, which were
attached. He also commended the CAC for the great amount of
work it had completed in the allotted time.
In a document dated January 11, 1989, the Chamber of
Commerce submitted eighteen pages of suggested revisions to the
Fundamental Land Use Issue Policy Statement.
Also included in the packet from the Chamber of Commerce
was a letter dated January 17, 1989, from the San Bernardino
Valley Board of Realtors.
.
The Planning Director explained that the Fundamental Land
Use Issues are the building blocks upon which the General Plan
is prepared and that in order to get on with the General Plan,
the Fundamental Land Use Issues must be resolved now.
The Planning Director answered questions regarding the
establishment of a Redevelopment Project Area along the Mt.
Vernon corridor and spoke regarding deadlines that have to be
met. The General Plan becomes final May 31, 1989; four
amendments per year can be permitted, and changes in
Redevelopment projects can be looked at as long as nothing
significant is changed at this time.
Deputy City Attorney Henry Empeno answered questions.
The Planning Director explained that the six remaining
Fundamental Land Use Issues items were continued to this time,
that the Chamber had expressed concern on certain areas on the
entire Fundamental Land Use Issues Statement, and staff had
attempted to look at their concerns and bring them before the
CAC and the Planning Commission. But this had been difficult
due to time constraints. Today, staff is prepared to address
the six items and receive public input on them. Those six
items have been reviewed by the Planning Commission and the
CAC.
.
The Planning Director agreed to consider the Chamber's
concerns on the six items.
- 3 -
1/30/89
.
Item #2 - How much development should be accommodated?
Vince Bautista, Principal Planner, presented Item No. 2
which asks the question: "How much development should be
accommodated?", and explained that this was not adopted as part
of the original packet because there were some blanks that
needed to be filled, specifically, a minimum of housing units
by 2010, including a mix of x% of single family to multiple
family.
Principal Planner Bautista stated that the preliminary
figures show a mix of single to multi-family of approximately
50/50. The number of local serving commercial acres to support
residential growth is 100 acres. The balance of the figures is
still waiting final deliberations.
The Planning staff answered questions regarding the 50/50
mix of single and multi-family housing.
.
Woodie Tescher, Consultant with Envicom Corporation,
reported that the numbers of housing units are determined by
the land use maps which are still being considered by the
Planning Commission and the CAC. The preliminary calculations
show an approximate net increase of 13,000 single family units.
The net increase in multi-family units is also 13,000. The
numbers would yield a population of an additional 64,500 within
the plan capacity.
Mr. Tescher pointed out that this is a shift from the
Interim Policy Document which showed 60% single family
incremental gain and 40% incremental multi-family. The major
difference was caused from re-examination of the area south of
Highland Avenue which was originally designated residential
suburban. Looking at the area, it was found that the character
of the area south of Highland is duplex, triplex, apartment,
etc.
The Planning Director explained the process of determining
how many units the General Plan needs to accommodate and
answered questions regarding the SCAG report which sets forth
housing projects for San Bernardino.
Mr. Tescher also addressed the SCAG projections and stated
with this shift, he is comfortable with the SCAG projections.
Principal Planner Bautista stated that staff had asked SCAG
for a revision in its housing target of 10,000 dwelling units
for San Bernardino and they were turned down.
For clarification, Woodie Tescher stated that the SCAG
target was 40,000 units and San Bernardino will still be short
of that.
.
- 4 -
1/30/89
.
Planning Director Kilger explained that the SCAG
projections were not the driving force in making these housing
mix increases. Housing numbers will be in the Housing Element
supported by the General Plan.
Arlene Dinges of J. F. Davison; home address, 5208 Mayfield
Court, stated she worked on the Chamber of Commerce General
Plan Task Force and explained their comment on Item No. 2 which
had to do with substituting the word "target" for "minimum" the
eight times it appears in the document as the market
characteristics and economic strength will dictate how much of
each type of development will occur at various times.
Ms. Dinges stated that she had discussed this with staff
and the CAC and reached an agreement that if the question in
No. 1 were re-worded to read: "How much development potential
should be accommodated on the land use map?", they would agree
to the use of the word "minimum" in the body.
Mr. Tescher explained the necessity of using the word
"minimum".
The Mayor and
percentages.
Counc i 1
discussed
the housing
mix
.
Council Member Estrada made a motion, seconded
Member Flores, that Item 2 on the Fundamental Land
Policy Statement be rewritten to read as follows:
potential development should be accommodated?"
"minimum" remains within the body of the document
replaced with the word "target".
by Council
Use Issue
"How much
(The word
and is not
The
Members
Council
motion carried by the following
Estrada, Reilly, Flores, Minor,
Member Maudsley. Absent: Council
vote: Ayes:
Pope-Ludlam.
Member Miller.
Council
Noes:
The Council continued their discussion on the 50/50 housing
mix and Woodie Tescher answered their questions.
Mr. Tescher expla ined
increase but when you take
the numbers come out to 70%
that the 50/50
the total number
single family to
is
of
30%
for the net
existing units
mUlti-family.
Planning Director Kilger spoke regarding individual
property owner requests to convert their designations from
residential suburban to higher density.
He also explained how design standards will be imposed on
development.
.
Item #10 - How should the Mount Vernon and Baseline
commercial corridors be more effectively used to
improve their economic viability and benefit the
community?
- 5 -
1/30/89
.
.
.
Principal Planner Bautista presented Item No. 10 regarding
the Mt. Vernon and Baseline corridors.
He stated that the CAC reviewed and endorsed the staff
recommendation for medium density residential uses along Mt.
Vernon Avenue (from Eighth Street to Baseline Street) with
commercial uses in nodes at major intersections.
Principal Planner Bautista answered questions and stated
that this does differ from the residential uses in the
Northwest Redevelopment Plan because it calls for a designation
BP Business Park for light industrial incubator type businesses
with supporting ancillary uses.
It was pointed out that Item
which reads: "What should be the
Vernon commercial corridor?"
10 goes along with
functional role of
Item 25,
the Mt.
Deputy City Attorney Henry Empeno stated that the General
Plan is an overriding document to a redevelopment plan and
answered questions regarding the effects of opening up a
redevelopment plan.
The Council discussed
project area plans.
the amendment of redevelopment
Courtney Buse, a member of
Commerce Task Force, 3808 Osbun
Chamber's response to Item 25g
"multi-family residential of medium
should be emphasized in the area north
the CAC and the Chamber of
Road, spoke regarding the
which recommended adding
density" as a use that
of Baseline Street.
Mr. Buse also spoke regarding the economic history of San
Bernardino's westside, stating that after the freeway was
built, the need for commercial on the Westside had declined.
After creating commercial nodes, it was found that there were
great expanses along Highland, Baseline and Mt. Vernon that
needed another designation. The CAC selected residential as
the alternative.
Mr. Buse gave examples
uses on the westside,
alternative, and recommended
of mitigating problems cause
of economic decline of commercial
recommended residential as an
development standards as a method
by residential development.
Members of the Council addressed Mr. Buse's comments.
Courtney Buse spoke regarding the rebuilding of the 27th
Street off-ramp, which was done for the purpose of enhancing
commercial development on the Westside, but did not prove to be
successful.
It was pointed out that although Mt. Vernon used to be a
major street through town, the freeway was build, diverting
- 6 -
1/30/89
.
.
.
traffic away from that area. Subsequent freeways have also
diverted traffic away from San Bernardino, so it is incumbent
upon the City to become self-reliant in furnishing business to
the Mt. Vernon area, as well as other areas of the City.
The Mayor and Council discussed commercial and multi-family
designations throughout the City. It was pointed out that
multi-family designations are not popular in the City.
Concern was expressed regarding a serious financial problem
with the Northwest Project Area that might be negatively
impacted by changes in the General Plan.
Planning Director Kilger
commercial and multi-family
corridor area. He stated
recommended in the Northwest
reviewed by the Redevelopment
answered questions regarding the
designations in the Mt. Vernon
there are other changes being
Project Area. These have been
Agency.
Gary Wagoner, Development Specialist, Redevelopment Agency,
stated there had been some conflict in previous opinions, but
the latest written opinion by outside Counsel, Mark Huebsch, of
Stradling, Yocca, Carlson and Rauth, advised that the proposed
changes will require an amendment to the Redevelopment Project
Area Plan, but it will not open the plan to physical review. He
added that there would be amendments to all the plans to
conform with the General Plan.
Deputy City Attorney Henry Empeno stated this matter had
previously been discussed in Closed Session and cautioned the
Council against further discussion in open session. He
explained methods by which amendments to these agreements can
be made, stating that amendments of agreements in conformity
with this new General Plan could be done by the Council. In
terms of the documents relating to the taxing authorities, he
advised those matters be discussed in Closed Session.
Planning Director Kilger answered questions regarding the
commercial corridor. Discussion of the issue now does allow a
review before hearings in April and May. However, staff does
have to prepare a draft land use map and needs some designation
on which to do the initial analysis, with the understanding
that they will need to continue to research this matter. From
a procedural standpoint, staff needs some direction today.
Mayor wilcox asked how staff's recommendation differed from
the decisions that were made when the Interim Policy Document
(IPD) was adopted.
Principal Planner Bautista answered questions, stating that
in the IPD, the Mt. Vernon corridor from Baseline to Highland
Avenue was designated MU mixed use. It had three components:
(1) Commercial/Office; (2) Commercial/General, and (3) Light
Industrial.
- 7 -
1/30/89
.
Ken Henderson, Director of Community Development, stated he
believed the Mayor was referring to the current Redevelopment
Project Area Plan which provides for multi-family, 18-23
units, along Mt. Vernon. He stated that even though there has
been much negative discussion regarding multi-family, not
everyone can afford to own a home in San Bernardino. Even
though multi-family is not wanted throughout the City, it is
necessary to provide mixed housing needed to serve the
citizens.
RECESS MEETING
At 11: 00 a.m.,
and Common Council
the Adjourned Regular Meeting of the Mayor
recessed for a ten minute break.
RECONVENE MEETING
At 11:10 a.m., the Adjourned Regular Meeting of the Mayor
and Common Council reconvened in the Council Chambers of City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by City Clerk Clark with the following
being present: Mayor Wilcox; Council Members Reilly, Flores,
Maudsley, Minor; Deputy City Attorney Empeno, City Clerk Clark,
Acting City Administrator Robbins. Absent: Council Members
Estrada, Pope-Ludlam, Miller.
.
Mayor Wilcox suggested that staff be directed to come back
in the afternoon with language that encompasses Items 10
should the Mt. Vernon and Baseline commercial corridors be
effectively used to improve their economic viability
benefit the community?" and Item #25 "What should be
functional role of the Mt. Vernon commercial corridor?"
I1How
more
and
the
Council Member Maudsley made a motion, seconded by Council
Member Minor and unanimously carried, that staff be directed to
come back this afternoon with appropriate language that
encompasses Items #10 and #25, and that said items be continued
to the afternoon session. (See page 17)
Item #11 "How should "E" Street north of downtown
(Eighth to Baseline) be revitalized?" - Item #29
"What should be the functional role of the "E" Street
corridor between Eighth Street and Baseline Street?"
Principal Planner Bautista suggested that Items #11 and #29
be considered together. He stated that the CAC and the
Planning Commission took action on this subject at a joint
meeting and determined that new and used car lots should be
permitted. The item was sent back to both groups for a
recommendation on where new and used car lots should be
located. The CAC and Planning Commission also made a
recommendation on auto related uses.
.
- 8 -
1/30/89
.
Mr. Bautista indicated on the map the recommendations by
the CAC and Planning Commission. Areas permitting new and used
car lots were identified in blue, and indicated essentially
no new or used car lots on Mt. Vernon with the exception of
the area west of the I-215 Freeway, and no used car lots on or
north of Highland Ave. These are CG Commercial General
designations. A determination was also made that there would
be no new or used car lots south of Rialto Avenue, with the
exception of the Auto Center.
Principal Planner Bautista answered questions, stating that
the CAC and the Planning Commission recommended that there be
no new new and used car lots permitted on South "E" Street. It
was anticipated they would eventually be allowed to relocate
into the Auto Center or into those other areas where they would
be permitted and become non-conforming uses. Mr. Bautista
explained that the CG areas not permitting new and used car
lots are shown in yellow.
Mr. Bautista answered questions regarding the suggestion of
discontinuing the auto designations on "E" Street south of
Orange Show Rd., stating that basically it was the desire to
remove new and used car lots from entrances to the City. "E"
Street falls into that general category.
.
A discussion ensued regarding the possible development of
60 acres across from the Orange Show for locating car lots.
Mayor wilcox stated it
dealers like to be on main
visibility and traffic.
was her understanding that auto
thoroughfares to take advantage of
Mr. Bautista answered questions regarding the
recommendation that used car lots be located away from major
arterials. He stated that much of the discussion centered
around aesthetics of the lots.
Planning Director Kilger answered questions, stating that
the CAC and the Planning Commission did not agree unanimously
in the discussions regarding car lots locations. The long
term focus was one of aesthetics over economics. There was a
lengthy discussion at the CAC meeting relative to whether or
not some of those conditions could be mitigated through design
standards.
Mayor Wilcox stated she felt it was wrong to lose car
dealers and the sales tax dollars to surrounding cities.
CITY CLERK CLARK EXCUSED
At 11:20 a.m., City Clerk
and was replaced by Deputy City
Clark left the
Clerk Reese.
Council Meeting
.
Mr. Courtney Buse, Member of the
General Plan Committee, stated that the
Chamber of Commerce
Chamber's position is
- 9 -
1/30/89
.
.
.
set forth in their written presentation. He spoke
the time constraints and felt that the issue needs
and discussion. He referred to an attractive
dealership on the southeast corner of Baseline and
which could be a model for future car lots.
regarding
more time
new car
Del Rosa
Deputy City Attorney Empeno spoke regarding Items 11 and 29
("E" Street between Eighth and Baseline) and explained the
requirements for a Conditional Use Permit (C.U.P.) as they
relate to used car dealerships.
Mr. Empeno also explained provisions for non-conforming
uses. When there is a change of ownership for any type of
business there is a requirement in Section 15.04.090 of the
Municipal Code to apply for a new Certificate of Occupancy
which requires that the business or structure be brought up to
present code requirements.
A discussion
used car lots and
lots.
ensued regarding improving the aesthetics of
the problem of where to locate additional car
Arlene Dinges, representing the Chamber of Commerce, stated
that the Chamber would like to go on record recommending that
new and used car dealerships be permitted anywhere in the City
in the CG Zone with the proper development code restrictions.
The Chamber had concerns in separating the issue of new car
dealerships from used car dealerships, as they play an
integral role together and should be treated the same. Used
cars often appear on new car lots. The Chamber didn't think
it fair to require a new owner in an existing continuing
business to meet code standards that are 10 or 23 years newer
which would require increased landscaping or other
improvements.
A discussion ensued regarding the problem of locating
additional car dealerships, as there doesn't seem to be any
appropriate areas for the automobile lots.
It was pointed out that if a business had been in a
location for a number of years and there was a proposed change
in ownership, it would be almost impossible to bring it up to
present code. It would be likely that the property could not
be sold and would remain vacant.
Arlene Dinges stated that the Chamber does not disagree
with making a used car dealership a conditional use. They
disagree only with requiring the improvements in the processing
procedures. She suggested that a program similar to the Main
Street Project be considered, using Redevelopment Agency
funds to provide aesthetic improvements in that corridor.
Ms. Dinges answered questions, stating that the Chamber's
position is that development rights are vested at the time of
- 10 -
1/30/89
.
building permit issuance.
prior to the expiration
improvements stand the test
upgraded aesthetically or
permit is applied for.
If that construction was completed
of the building permit, those
of time and are not required to be
otherwise, unless a new building
A discussion ensued regarding the position of asking the
tax payers to provide improvements for private enterprise, and
what the responsibility should be for property owners to their
neighbors for improving the neighborhoods.
Courtney Buse, representing the Chamber of Commerce, stated
that the Chamber had discussed two items of importance: (1)
meeting new City standards; and (2) consideration of some City
backed process by which an entire street could be upgraded
with joint use of private-public tax base, which would meet the
overall goal and would be more effective than being done on an
individual basis.
.
Deputy City Attorney Empeno answered questions regarding a
non-conforming use for an auto dealership on "E" Street. He
stated that if an amendment were made to the zoning ordinance
and this General Plan, making it a non-conforming use, that
dealership could continue to exist. However, he is prohibited
from expanding his business, and if there is a lapse in use of
180 days, then the non-conforming rights also terminate. In
terms of requiring a C.U.P. for a change of ownership, there is
a question as to whether there is legal authority for that as
opposed to requiring a C.U.P. for new applications for used or
new auto dealers.
Mr. Empeno suggested that if the Council wished to
designate certain areas where used and/or new car dealerships
should be prohibited, the language in the first sentence of the
bullet under 29a could be amended to require a C.U.P. for new
and used car dealerships; the second sentence could be amended
to read: "That the City should examine options and
opportunities to discontinue new and used car dealerships in
specified areas." He suggested various ways to implement this
suggestion.
Planning Director Kilger
should concern what area in
new/used car dealers in the
concerns the existing land use.
suggested that the first focus
which to locate new car and
community. The second issue
Principal Planner Bautista answered questions, stating that
if the new car dealers were separated from the used car
dealers, there would probably be different maps.
Mr. Bautista answered questions regarding the blue portions
of the map south of Highland Avenue. He stated it was a
.
- II -
1/30/89
.
recommendation from the Planning Commission and
primarily centering around aesthetics and not wanting
car dealers onto Highland Avenue.
the CAC,
to bring
Arlene Dinges, representing Chamber of Commerce, answered
questions regarding upgrading neighborhoods in the City,
stating that they commend the City for its attempts to upgrade
the older properties. However, they did question the legality
and benefit to the business community of the mechanism being
suggested, because of possible difficulty in selling their
businesses.
She stated the Chamber would support allowing new and used
car dealers on a C.U.P. basis City-wide, which would allow the
opportunity to apply any mitigation requirements on a site
specific basis or to disapprove the C.U.P.
It was pointed out that experts in the field advise that
auto dealers be clustered to concentrate car buyers in the
appropriate area and get the most out of the trade dollars.
Deputy City Attorney Empeno explained
non-conforming uses which is applicable
industrial or residential type development.
the doctrine of
in commercial,
.
Planning Director Kilger explained San Bernardino County's
non-conforming clause relating to the phasing out of non-
conforming uses.
Deputy City Attorney Empeno answered questions regarding a
possible requirement to improve aesthetic conditions, such as
landscaping, in existing used car lots on "E" Street. He
stated that the City should look into various options and
opportunities. One such option could be an assessment
district.
Planning Director Kilger offered suggestions regarding
improving aesthetic quality in used car lots. He stated
certain requirements could be written that wouldn't involve the
Planning Department other than the front landscaping plan.
There could be a requirement to improve lighting or structural
improvements, and it would be a matter of a building permit.
He suggested that those issues could be worked out with the
City Attorney's Office. Mr. Kilger suggested that the Council
focus on whether or not used car lots and new car lots should
be considered together or separately.
Mayor wilcox expressed the opinion that new and used car
dealerships are different, as new car lots offer full service,
while used car lots just have cars for sale.
.
Planning Director Kilger stated that staff didn't feel
that the Auto Center will be able to accommodate all the car
- 12 -
1/30/89
.
lots coming into the City, and questioned what other areas in
the City should be considered for these new businesses.
A discussion ensued regarding considering new and used car
dealerships separately.
RECESS MEETING - LUNCHEON WORKSHOP
At 12:07 p.m., Council Member Flores made a motion, seconded
by Council Member Estrada and unanimously carried, that the
meeting be recessed to the Management Information Center (MIC),
Sixth Floor, City Hall, 300 North "0" Street, San Bernardino,
Cali fornia.
CONVENE LUNCHEON WORKSHOP
At 12:35 p.m., the luncheon workshop was called to order by
Mayor Pro Tempore Maudsley in the MIC Room, Sixth Floor, City
Hall.
ROLL CALL
Roll Call was taken by Deputy City Clerk Reese with the
following being present: Mayor Pro Tempore Maudsley; Council
Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam; Deputy
City Attorney Empeno, Deputy City Clerk Reese, Acting City
Administrator Robbins. Absent: Mayor Wilcox; Council Members
Minor, Miller.
.
Items 11 and 29 - How should "E" Street north of downtown
(8th to Baseline) be revitalized - and - What should be
the functional role of the "E" Street corridor between
8th Street and Baseline Street?
Planning Director Kilger explained that the reason new and
used car lots are being discussed together is that when staff
tried to address the used car lot issue, they realized that
some of the same issues carried over to new car lots. He
stated that an important issue for today is how to treat
existing used car lots relative to upgrading their
appearances.
Scott Scheibe, Uptown Redevelopment Citizens Advisory
Committee Member, and in the automobile business, stated he
felt that the issues of appearance, location and functional
compatibility of the car lots should be addressed. It was his
opinion that when a facility was expanded, a new one built, or
change of ownership, it should be brought up to standards. An
ongoing business should be permitted to stay as is.
Mr. Scheibe answered questions, stating that he felt that
new and used car lots should be considered as one issue. He
felt they should be allowed anywhere in the City in CG zones,
possibly with a C.U.P. in order to regulate their structure and
compatibility with adjoining land.
.
- 13 -
1/30/89
.
Principal Planner Vince Bautista explained that there is
only one new car dealer on the portion of E Street between
Eighth and Baseline, but there are many used car dealerships _
some in good condition and some in terrible condition. He
stated there was definitely a difference between new and used
car lots, and this helped establish their criteria.
Mr. Scheibe responded that the deterioration is because the
car lots have been there for as long as twenty years, and there
has not been enforcement of standards.
A discussion ensued regarding the possibility of
establishing an assessment district or some kind of incentives
for people to improve the district. The benefit of clustering
similar types of uses was also discussed.
MAYOR WILCOX ARRIVED
At 12:37 p.m., Mayor wilcox arrived at the luncheon
workshop.
Planning Director Kilger
answered questions regarding
related services as a whole.
and Consultant Woodie Tescher
related auto retail sales or
.
MAYOR WILCOX EXCUSED
Mayor Wilcox left the luncheon workshop and Council Member
Maudsley assumed the duties of Mayor Pro Tempore.
Council Member
Member Pope-Ludlam
used car sales lots
Reilly made a motion, seconded by
and unanimously carried, to allow
in the CG zones with a C.U.P.
Council
new and
Planning Director Kilger stated that the CAC had done
research in respect to used car lots. He stated that at the
meeting of December 16, 1988, the requirement for a C.U.P.
for a change of ownership was changed to require a Certificate
of Occupancy.
Principal Planner Bautista answered questions regarding the
Development Review Committee requirements.
Arlene Dinges,
the Chamber is
improvements after a
could create a legal
representing the Chamber of Commerce, stated
concerned that acquiring development
development has its vested rights in place
problem.
Ms. Dinges answered questions, stating that vested rights
come into play with a building permit. She stated that
apparently the City requires a Certificate of Occupancy for any
change of ownership, but the UBC just requires one for change
of use, or expansion of use.
.
Deputy City
require a new
Attorney Empeno stated that the UBC does not
Certificate of Occupancy for a change of
- 14 -
1/30/89
.
ownership, but Section 15.04.090 of the San Bernardino
Municipal Code requires a new Certificate of Occupancy if there
is a change of occupancy, ownership, lessee, or the use as
well, as other conditions that apply.
Senior Planner Valerie Ross reviewed Council action at the
meeting of December 16, 1988, regarding changes in ownership
for commercial, industrial, and multi-family that would require
the business, including car lots, to be brought up to Code.
Ms. Ross stated that it was agreed that if it were physically
impossible to bring it up to Code, then it should be addressed
in the Development Code.
Deputy City Attorney Empeno provided two alternate actions
the Council could take on Item 11. (1) Eliminate the first
bullet and keep the second; or (2) change "Conditional Use
Permit" to "Certificate of Occupancy" on the first bullet, and
the rest of the language could remain the same.
Council Member Flores made a motion, seconded by Council
Member Pope-Ludlam, to permit used car dealerships to continue;
if there is a change of property or business ownership or the
use is discontinued, a Certificate of Occupancy shall be
required.
.
(No vote was taken at this time. See page 20
action) .
for further
ADJOURN LUNCHEON WORKSHOP
At 1:26 p.m., Council Member Estrada made a motion,
seconded by Council Member Flores and unanimously carried, that
the luncheon workshop be adjourned to 2:00 p.m., in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino,
California.
RECONVENE MEETING
At 2:45 p.m., the Adjourned Regular Meeting of the Mayor
and Common Council reconvened in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
ROLL CALL
Roll Call was taken by Deputy City Clerk Reese with the
following being present: Mayor Pro Tempore Maudsley; Council
Members Flores, Maudsley, Minor, Pope-Ludlam; Deputy City
Attorney Empeno, Deputy City Clerk Reese, Acting City
Administrator Robbins. Absent: Mayor Wilcox; Council Members
Estrada, Reilly, Miller.
Item 11 - How should "E" Street north of downtown
(8th Street to Baseline) be revitalized?"
.
Deputy
during the
by Council
City Clerk Reese read the previous motion made
luncheon workshop by Council Member Flores, seconded
Member Pope-Ludlam as follows: "To permit used car
- 15 -
1/30/89
.
dealership to continue; if there is a change of property or
business ownership or the use is discontinued, a Certificate of
Occupancy shall be required."
Council Member Minor stated he would be unable to vote on
this since he was absent during the discussion.
Council Member Minor made a motion, seconded by Council
Member Flores and unanimously carried, to reconsider the motion
later in the afternoon due to lack of a quorum to vote.
Council Member Minor made a motion, seconded
Member Flores and unanimously carried, that said
continued to later in the afternoon. (See page 21)
by Council
motion be
Item 21 - What should be the functional role of
the Norton Air Force Base area?
.
Principal Planner Bautista explained that this item dealt
with the entire Norton Air Force Base area, and had been
discussed by the CAC, Planning Commission and the Chamber of
Commerce. Basically, the Chamber agreed with the Commission
that it be put into the document. They did ask, however, to
designate this area as a Specific Plan Area to be prepared by
the City. The CAC and the Planning Commission stated that there
are other jurisdictions involved and suggested that the
Specific Plan area be prepared by the appropriate
jurisdiction. With that wording, the CAC, Planning Commission
and the Chamber concurred.
Mr. Bautista answered questions regarding the possibility
of this area becoming a RDA Area, stating an RDA Plan could be
adopted jointly by the City, County and other jurisdictions,
and suggested that would be an appropriate action.
Council
Member Flores
as a Specific
jurisdiction.
Member Minor made a motion, seconded by Council
and unanimously carried, to designate this area
Plan area, to be prepared by the appropriate
Richard Bennecke, Executive Assistant to the Mayor, stated
that the majority of Norton Air Force Base lies within the City
limits of San Bernardino and there are some areas that border
the Cities of Highland, Redlands and possibly Loma Linda. He
stated that there should be cooperation with the other
entities, but the City should not allude to the fact that it
might be giving up jurisdiction of that property.
.
Deputy City Attorney Empeno explained the CAC
recommendation and stated that if there's any possibility that
there might be other public entities that do have ownership of
some of that property, he felt that the CAC's recommendation
was appropriate. The City can deal with it when the Specific
Plan area is defined and considered in specifics.
- 16 -
1/30/89
.
Woodie Tescher, consultant from Envicom Corporation,
answered questions regarding Norton Air Force Property. He
stated it would be appropriate to encompass within any
specific plan a larger area that would probably include lands
in the City of Highland as well as the County.
Arlene Dinges, representing the Chamber of Commerce,
introduced an addendum that was distributed to the Council at
this meeting. The addendum contained one item regarding Item
#17, "Overriding Issues: Should the City expand its sphere of
influence and pursue annexation of unincorporated areas?" (See
page 25 for discussion on this item.)
Woodie Tescher, consultant from Envicom Corporation,
expressed his appreciation for the input from the Chamber and
spoke of the importance of the item on the addendum. He
explained there are about 14 or 15 additional general plan
elements, such as water, energy, conservation, housing, fire
protection. All of these issues and those suggested by the
Chamber are being addressed in those particular general plan
elements.
Woodie Tescher, consultant, answered questions regarding
the term "water conservation", stating that State law calls the
element conservation. There is a mandated conservation and
open spaces elements of the general plan.
.
Planning Director Kilger emphasized the importance of
meeting the deadlines. The focus is on the mandatory elements
as specified by State law. Some elements are not mandatory.
COUNCIL MEMBER MINOR EXCUSED
Council Member Minor stated it was necessary for him to
leave the meeting shortly, thus leaving less than a quorum.
RECESS MEETING
At 3:00 p.m., Council
by Council Member Minor
until a quorum is present.
Member Flores made a motion, seconded
and unanimously carried, to recess
RECONVENE MEETING
At 3:15 p.m. the Adjourned Regular Meeting reconvened in
the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
ROLL CALL
Roll Call was taken by Deputy City Clerk Reese with the
following being present: Mayor Pro Tempore Maudsley; Council
Members Reilly, Flores, Maudsley, Pope-Ludlam; Deputy City
Attorney Empeno, Deputy City Clerk Reese, Acting City
Administrator Robbins. Absent: Mayor Wilcox; Council Members
Estrada, Minor, Miller.
.
- 17 -
1/30/89
.
.
.
Items 10 and 25 - Baseline and Mt. Vernon Corridors
Woodie Tescher, consultant with Envicom Corporation, stated
there are two issues dealing with the land use make-up along
the Mt. Vernon Corridor: a discussion of the mix of
residential and commercial; and what would be the impact of
these amendments and other General Plan amendments on the
Northwest Project Area. Staff had asked for a continuance to
revise the language on Items 10 and 25 to make some
recommendations that might meet the Council's concern.
Mr. Tescher suggested changes in the language of the
Fundamental Land Use Issue POlicy Statements document which
are reflected in a motion by Council Member Reilly, seconded by
Council Member Pope-Ludlam on page 18.
Planning Director Kilger stated they would have to
evaluate commercial vs. residential designation as it changes
the emphasis from dictating commercial and multi-family
locations to a primary focus of commercial, permitting
multi-family under specific circumstances.
Mr. Kilger answered questions.
Mr. Tescher answered questions, stating there would be some
economic analysis in terms of what was supportable in
commercial development in the southwest area, west of the 215
Freeway, south of Highland Avenue. The current population is
approximately 26,987. It is projected there will be another
14,000 people living in this area because of an increase in
development being considered.
Council Member Reilly made a motion, seconded by Council
Member Pope-Ludlam, and unanimously carried, to approve the
recommended language change as recommended by Woodie Tescher as
follows:
Item 10, page 5. First Bullet:
"Allow for
Vernon Avenue
medium density
with prescribed
the development of commercial uses along Mt.
and Baseline, permitting the development of
residential within these areas in accordance
minimum lot size and design standards."
Item 25, page 18. First Bullet, first dash:
"Commercial uses along the corridor and activity nodes at
key intersections."
Item 25, page 18. First bullet, last dash:
"Medium density housing in the commercial areas and in
accordance with prescribed minimum lot and design standards."
- 18 -
1/30/89
Item 25d; page 19. First bullet:
.
"Commercial centers along the Mt. Vernon and Baseline
corridors with emphasis on the development at the intersections
of Mt. Vernon Avenue and Baseline Street, Medical Center Drive
and Baseline Street, Mt. Vernon Avenue and Mill Street, Mt.
Vernon Avenue and Rialto Avenue (adjacent to the railroad
yards) and other appropriate locations".
Item 25d, page 19. Third bullet:
"Medium density residential permitted in locations between
the commercial centers, in prescribed minimum lot size and
design standards."
Item 28 - What should be the functional role of the
Baseline Street area east of Interstate 215?
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, to approve the following
amendmen ts:
Item 28 - First bullet: "Allow development of commercial
uses along Baseline Street east of Interstate 215 with emphasis
on commercial centers and principal street intersections and
allowing for the development of medium to medium - high density
residential uses within these areas in accordance with
. prescribed minimum lot area and design standards.:
Item 28a - First bullet: "Community serving commercial
uses along the Baseline Street corridor, including food sales,
apparel and accessories, furniture and home furnishings,
restaurants, book stores, cleaning establishments, beauty
salons/hair styling, laundries, entertainment, theaters, and
similar uses.1I
Item 28a - Second
residential on the
prescribed minimum lot
bullet: "Medium to medium-high density
commercial areas in accordance with
area and design standards."
Items 11 and 29
(This
workshop.
item was previously discussed in the
A motion was made, but not voted upon)
luncheon
Deputy City Attorney
that this matter had been
now be acted upon.
Empeno answered questions, stating
continued to the afternoon and could
Deputy City Clerk Reese read the motion as follows:
.
"To permit used car dealerships to continue; if there is a
change of property or business ownership or the use is
- 19 -
1/30/89
.
discontinued; a Certificate of Occupancy shall be required."
(See vote below, page 20)
Scott Scheibe, member of the Redevelopment Uptown Citizens
Advisory Committee, stated he thought a Certificate of
Occupancy should be required on a change of business only, not
on a change of property ownership. He felt it should deal
strictly with the use of the property or the business owner,
and if that changes, the property should be brought up to
code.
Deputy City Attorney Empeno stated that Section 15.04.090
of the Municipal Code specifically requires a Certificate of
Occupancy if there is a change of occupancy, ownership, lessee
or the use. The language that is being proposed is in
agreement with the present requirements of the Municipal Code.
The previous motion by Council Member Flores, seconded by
Council Member Pope-Ludlam, carried unanimously.
Item 29a - Functional role of E Street corridor
between 8th Street and Baseline - What uses should
be emphasized?
Woodie
to amend
actions.
Tescher, General Plan Consultant, suggested language
Items 29a to make it consistent with previous
.
Council Member Flores made a motion, seconded by Council
Member Reilly and unanimously carried, to amend Item 29a, first
bullet to read as follows:
"Existing
to continue.
a Certificate
auto-related and commercial uses shall be
On change of ownership or discontinuation
of Occupancy shall be required."
allowed
of use,
Item 29 - Functional role of "E" Street Corridor
between Eighth Street and Baseline Street - Require
that existing uses provide aesthetic improvements
A discussion ensued regarding possible ways to improve the
"E" Street corridor between Eighth Street and Baseline Street.
It was suggested that the CAC could instigate some action,
perhaps getting assistance from the Chamber's Cross Town
Business District Committee.
It was suggested that a development plan for the "E" Street
area be considered which would encourage auto sales and related
industries to locate there and create a trade center for
automotive services as a general category.
.
It was also suggested that the CAC could initiate some type
of plan and work with the Redevelopment Agency staff.
- 20 -
1/30/89
.
Scott
suggested
appointed
Council.
Scheibe, member of the Uptown Redevelopment CAC,
that a subcommittee of the Uptown Committee could be
at the CAC level to bring back recommendations to the
Planning Director Kilger stated that there are many
programs within the General Plan that will have to be
established to implement the goals and policies, and may
include this issue. He explained that the CAC is presently
inundated with current responsibilities.
Council Member Reilly made a motion, seconded by Council
Member Flores and unanimously carried, that the City Clerk be
directed to send a letter to the Uptown Redevelopment Citizens
Advisory Committee requesting that a discussion be held
regarding the provision of aesthetic improvements on the "E"
Street corridor between 8th and Baseline Streets. Several
suggestions were made concerning possible sources of
assistance, such as the Chamber's Crosstown Business District
Committee, or perhaps the establishment of a development plan
for the area that would encourage auto sales and related
industries to locate there.
.
Planning Director Kilger stated that the Chamber of
Commerce had asked that the Council review their
recommendations regarding amendments to the Fundamental Land
Use Issue Policy Statements Document. Staff is prepared to
respond to the more critical issues with the understanding that
not all of them have been reviewed by the CAC and the Planning
Commission.
Item 15 - Where should Senior citizen housing
facilities be developed in the City? - Item 41a _
What range of residential development density should
be permitted?
Courtney Buse, member of the Chamber of Commerce's General
Plan Committee, read a recommendation from the Chamber. They
suggested a second bullet be added to Item 15 to read as
follows: "A bonus density increase of 50% (this has already
been increased to la0%) should be allowed in the downtown area,
and a bonus density increase of 100% should be allowed in all
other areas where senior citizen housing is developed. (The
present position is 50%)
Mr. Buse explained that they were responding to
demographics that indicate that the percentage of older
citizens is increasing. They felt the encouragement of senior
housing would be complimented by additional density bonus. He
stated that senior housing tends to be smaller, with less
required parking and different in character.
.
- 21 -
1/30/89
.
Senior Planner Ross stated that the CAC and the Planning
Commission recommended 50% density bonus City-wide except in
the downtown area, in which they recommended 100% density
bonus.
Ms. Ross stated that the last bullet under Item 41a
designates the senior citizen residential projects. This issue
was discussed at the Council meeting of December 16, 1988, and
direction was given to staff to come back with a recommendation
from the CAC and the Planning Commission. The CAC and the
Commission recommended 100% density bonus in the downtown area
and up to 50% in other areas of the City.
A discussion ensued regarding senior housing projects and
the difference between housing and congregate care facilities.
Ms. Ross stated that any senior project would have to meet
all the codes. But there is a question as to whether there
should be different standards for senior apartment projects vs.
an apartment project; and should there be standards for
congregate care kind of facilities. Those issues have not been
defined.
.
Arlene Dinges, representing
of the difference in senior
recent trend is to organize
facilities being separate
kitchenette.
the Chamber of Commerce, spoke
citizen housing, in that the
space differently with common
from the private bedroom and
A discussion ensued regarding size and types of senior
citizen housing.
COUNCIL MEMBER MINOR RETURNED
At 3:52 p.m., Council Member Minor returned to the Council
Meeting and took his place at the Council Table.
Principal Planner Ross defined the downtown
bounded on the north by Eighth Street, south by
west by the freeway and east by Sierra Way.
that the boundaries of this area were determined
with the Main Street Project.
area as being
Rialto Avenue,
She explained
to coordinate
Woodie Tescher, Consultant from Envicom
answered questions regarding the recommendations
Item 41a.
Corporation,
listed under
Mr. Tescher suggested language that would provide the
appropriate density bonus for senior citizens' housing.
.
Mr. Tescher answered questions regarding the downtown area,
stating that in the General Plan when the downtown area is
referred to, there will be a map that will indicate
specifically where that area is.
- 22 -
1/30/89
.
.
.
Council Member Flores made a motion, seconded by Council
Member Reilly and unanimously carried, to amend the last bullet
under Item 41a to read as follows:
"Senior Citizen Residential Projects: - a maximum density
of 50% greater than the density of the underlying residential
zone, 36 units per acre in commercial office zones, and 72
units per acre "
Item 16c - How much Development should be allowed
in hillside areas?
Courtney Buse, representing the Chamber of Commerce,
presented a recommendation from the Chamber regarding revised
slope categories and requested that the Council reconsider the
issue of development in hillside areas.
Woodie Tescher, consultant with Envicom Corporation,
answered questions, stating that the CAC had considered this
issue and agreed with the recommendation that is in the
Fundamental Land Use Issue Policy Statements Document.
Planning Director Kilger stated that this
directed back to the CAC by the Council. The CAC
Commission have reconfirmed the original action.
item was not
and Planning
Council Member Pope-Ludlam made a
Council Member Reilly, to reconsider
development in hillside areas.
motion, seconded by
Item l6c regarding
Council Member Reilly stated his second was just to provide
an opportunity for discussion.
The motion failed by the following vote: Ayes: Council
Member Pope-Ludlam. Noes: Council Members Reilly, Flores,
Maudsley, Minor. Absent: Council Members Estrada, Miller.
Item 17 - Should the City expand its sphere of influence
and pursue annexation of unincorporated areas?
Courtney Buse, representing the Chamber
presented a recommendation from the Chamber
sphere of influence and further annexation of
areas, and asked that the Council reconsider the
of Commerce,
regarding the
unincorporated
issue.
Mr. Buse explained that he is also a member of the County's
General Plan Task Force and explained the County's position on
annexation.
Mr. Buse introduced an Addendum to the Proposed Revisions
of the Fundamental Land Use Issue Policy Statement by the San
Bernardino Area Chamber of Commerce regarding the topic under
consideration.
- 23 -
1/30/89
.
Council Member Reilly made a motion, seconded by Council
Member Maudsley, to reconsider the question of whether the City
should expand its sphere of influence and pursue annexation of
unincorporated areas.
Mr. Buse explained the County's recommendation, which
differs only in that it creates an additional policy which has
authority to implement the overall goal.
The
Council
Council
Flores,
Miller.
previous motion by Council
Member Maudsley failed by
Members Reilly, Maudsley.
Minor, Pope-Ludlam. Absent:
Member Reilly, seconded by
the following vote: Ayes:
Noes: Council Members
Council Members Estrada,
Item 16d. How should hillside development projects be
reviewed by the City?
Senior Planner Ross stated that the last time this came
through and was approved, it required an Environmental Impact
Report based on a recommendation by the Chamber of Commerce.
This item was reviewed by the CAC and Planning Commission and
staff concurred with the rewording for the bullet under 16d
as follows:
.
"By Conditional Use Permit,
requirements of a Specific
documentation and public review
greater."
incorporating all
Plan, Environmental
for projects of 5
product
Review
lots or
Ms. Ross explained that the EIR is not mandatory, based on
five lots or greater. The project is still discretionary and
is still subject to SEQA. It is through the environmental
review process that the need for a EIR would be determined. She
stated they had deleted the requirement for an EIR and
substituted an environmental review.
Woodie Tescher, consultant with Envicom Corporation, stated
it was called environmental review document in accordance with
the California Environmental Quality Act to make sure that the
connection with CEQA was made.
Ms. Ross
requirements.
answered questions regarding
specific plan
Planning Director Kilger explained environmental review
procedures and what is required by State law. He stated that
they are not asking that this matter be reconsidered today. It
was just being discussed for information purposes. He explained
that as the General Plan Document develops, modifications will
occur, additional recommendations will be made, and issues
evaluated.
.
- 24 -
1/30/89
.
.
.
A discussion
requirements.
ensued regarding
environmental
review
Woodie Tescher, consultant, answered questions, stating
that State law has changed regarding specific plans, and no
longer requires the addressing of each of the elements in the
general plan. It now requires that there be a land use plan,
an infrastructure plan, which includes sewer, water, storm
drainage and electricity. He also stated that Specific Plan
Codes are a part of the Development Code.
ADJOURNMENT
At 4:25 p.m., Council Member Reilly made a motion, seconded
by Council Member Minor and unanimously carried, that the
meeting be adjourned to 9:00 a.m., Monday, February 6, 1989, in
the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
jP{(LUAJ ~eoU/
Deputy City Clerk
No. of Items: 4
No. of Hours: 7
- 25 -
1/30/89