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HomeMy WebLinkAbout19-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Department James Funk Development Services Subject: Development Code Amendment No. 04-03 - to modify Chapter 19.70 of the Development Code pertaining to Temporary Use Permits. Date: August 5, 2004 MCC Date: August 16,2004 Syuopsis of Previous Council Action: None. Recommended Motion: That hearing be closed, and that the ordinance be laid over for final adoption. and That the application-processing fee of$1506 be refunded. _VdJ1Aivu.12e#- r JP James F Contact Person: Valerie Ross Phone: 384.5057 Supporting Data Attached: StaffReDort & Ordinance Ward(s): Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Finance: Council Notes: :JnoF'mt-J!r'! Agenda 1 4tl1 q (1 (Or DCA 04-03 MCC Mtg. Of 08/16/04 Page 2 of3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Development Code Amendment No. 04-03 - Temporary Use Permits Owner: N/A Applicant: Inland Empire 66ers Baseball 280 S. "E" Street San Bernardino, CA 92418 909. BACKGROUND: The applicant is requesting that the Mayor and Common Council approve Development Code Amendment No. 04-03 to modify Development Code Chapter 19.70, Temporary Use Permits. Specifically, the Inland Empire 66ers Baseball would like to hold an annual used vehicle sales event at Arrowhead Credit Union Park. However, the stadium is located in the CCS-I, Central City South land use district and the sales of new and used vehicles are not a permitted use. Therefore, the temporary (3-days) sales event was also not permitted. Staff proposed that Section 19.70.030(2) of the Development Code be modified to include uses not otherwise permitted in the underlying land use district on City owned property or for City- sponsored events. The City owns Arrowhead Credit Union Park. Attachment A to the Planning Commission Staff Report (Exhibit I) contains that language. At its meeting on August 3, 2004, there was considerable discussion by the Planning Commission regarding the proposed amendment. The Planning Commission was concerned that the amendment was too broad and inappropriate uses could be held on City-owned property. The Planning Commission also felt that there should be limitations on frequency of certain events, and that a Temporary Use Permit should be required for these events. Ultimately, the Planning Commission recommended approval of revised language as included in Exhibit 2. The Planning Commission also recommended that the City Administrator's Office prepare a list of approved or acceptable temporary uses. Commissioners Brown, Durr, Enciso, Heasley, Morris, and Thrasher voted in favor of the motion for approval and Commissioner Coute voted against the motion. Commissioner Sauerbrun was absent. Since the Planning Commission meeting, additional concerns were raised that the proposed amendment language was still overly broad. As a result, staff proposes that the amendment language be further modified as shown in Exhibit 2. Exhibit 3 contains the existing language in Chapter 19.70, Temporary Use Permits. With this modification, staff believes it is no longer necessary to have the City Administrator's Office prepare guidelines. DCA 04-03 MCC Mtg. Of 08/16/04 Page 3 on FINANCIAL IMPACT: The applicant has paid the fees associated with the Development Code Amendment, but has requested a refund because Arrowhead Credit Union Park is City-owned property. RECOMMENDATION: That the Mayor and Common Council close the hearing and that the ordinance be laid over for final adoption. EXHIBITS: I Planning Commission Staff Report dated August 3, 2004 2 Revised and Modified Language 3 Chapter 19.70, Temporary Use Permits 4 Ordinance EXHffiIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 04-03 1 August 3,2004 Citywide APPLICANT Inland Empire 66ers Baseball 280 South "E" Street San Bernardino, CA 92418 909.384.5122 OWNER: N/A REQUEST/LOCATION: Development Code Amendment Modify Chapter 19.70, Temporary Permit Uses, Section 19.70.030 (2), to allow temporary uses that may include uses not permitted by the underlying land use designation for City- sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Temporary uses may include temporary vehicle sales, car shows, art exhibits, auctions, etc. The amendment is applicable Citywide. CONSTRAINTS/OVERLAYS: N/A ENVIRONMENTAL FINDINGS: o Not Applicable Iil Exemption from CEQA Section 15311 o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: Iil Approval Iil Conditions o Denial o Continuance to: DCA No. 04-03 8/3/04 Page 2 REOUEST AND LOCATION The Inland Empire 66ers Baseball is requesting approval of a Development Code Amendment to modify Chapter 19.70, Temporary Use Permits, Section 19.70.030 (2) to allow temporary uses that may include uses not otherwise permitted by the underlying land use district for City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Temporary uses may include temporary vehicle sales, car shows, art exhibits, auctions, etc. The amendment is applicable Citywide. Please see Attachment C for details on the proposed amendment. BACKGROUND In June 2004, the Inland Empire 66ers Baseball requested staff for assistance to sponsor a Development Code Amendment that will allow a greater use of the Stadium facility. The Stadium facility is located in the CCS-lland use district. In particular, the Inland Empire 66ers wants to hold an annual used vehicle sales event. Presently, the CCS-Iland use district prohibits sales of new and used car activities. Based on this, the CCS-I prohibits use of the Stadium facility to conduct sales of vehicles on a temporary basis. Although the Stadium facility was designed to accommodate multi-purpose activities, such as baseball games, regional events, and other public gathering activities, the CCS-Iland use district limits use of the Stadium facility. This limitation has kept the Stadium facility from reaching its full potential use.' Initially, staff was considering changes to the underlying land use district to accommodate the used vehicle sales event. However, staff determined that could be problematic in that temporary (or permanent) vehicle sales lots might not be appropriate throughout the CCS-l land use district. Staff anticipates that there could be City-sponsored uses and activities that come up in the future so the proposed amendment will accommodate them also. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) STATUS The proposed amendment is exempt from CEQA, Section 15311- accessory structures. This provision is applicable for construction or placement of minor structures accessory to existing commercial or institutional facilities including but not limited to placement of seasonal or temporary use items such as lifeguard towers, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. DCA No. 04-03 8/3/04 Page 3 FINDINGS OF FACT I. Is the proposed amendment consistent with the General Plan? Yes, General Plan Goal4D states: "Maintain and enhance commercial regional cores and economically sound community-serving commercial concentrations." The proposed amendment is adding text for clarification to allow a clearer set of instructions and guidelines for staff to process temporary uses Citywide. The clarification of temporary uses would create opportunities to draw more people to the City. Amending the Development Code Chapter 19.70, Temporary Use Permits that may include uses not permitted by the underlying land use designation for Citywide will provide internal consistency with the General Plan. The proposed amendment would accommodate more temporary uses and activities thus creating opportunities for local residents and the surrounding community. The proposed amendment is intended to strengthen, maintain and expand the role of the City of San Bernardino as a regional center for economic opportunity. Additionally, the proposed amendment will allow temporary uses to be consistent with the overall development goals of the Central City South Plan (CCS) including and not limited to: . a cohesive and functional mixed use district, and; . retail and entertainment uses which would attract local and regional patrons. 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the City? No, although the amendment would allow additional uses on a temporary basis, public interest, health, safety, convenience, or welfare concerns are still addressed through standards City requirements and conditions. CONCLUSION The proposal meets all necessary Findings of Fact for approval of Development Code Amendment No. 04-03. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 04-03 based upon the Findings of Fact contained in this Staff Report. DCA No. 04-03 8/3/04 Page 4 Respectfully Submitted, Ja!~6'~~r~ Director of Development Services Attachment A .. Proposed Amendment to Chapter 19.70, Temporary Use Permits -"~ ATTACHMENT A 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: 1. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code. 2. City-sponsored nses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Temporary uses may include uses not permitted by the underlying land use designation, such as temporary vehicle sales, car shows, art exhibits, auctions, etc. Other City permits (building permits, encroachment permits, etc.) may be required. EXHIBIT 2 Planning Commission Revised Language 10. Temporary uses may include uses not pennitted by the underlying land use designation, such as temporary vehicle sales, car shows, art exhibits, auctions, etc. for City-sponsored uses and activities or activities occurring on City-owned property. These activities are limited to twice per calendar year per event type, per location. Staff Modified Language 10. Temporary vehicle sales and car shows may be held at the Arrowhead Credit Union Park, subject to an approved Temporary Use Permit. These activities are limited to twice per calendar year per event type, per location. Exhibit 3 CHAPTER 19.70 TEMPORARY USE PERMITS 19.70.010 PURPOSE The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. 19.70.020 PERMITTED USES The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: 1. Real estate offices within approved development projects; 2. On- and off-site contractors' construction yards in conjunction with an approved development project; 3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs; 4. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business registration certificate, provided such activity shall be only held from November 1 through December 31, subject to Chapter 5.04 of the Municipal Code; 5. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code; 6. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal Code; 7. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; 8. Emergency public health and safety needs; and 9. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses Permitted). MC 972 7/4/96 IV-82 7/96 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: I. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code. 2. City-sponsored uses and activities, or activities occuning on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) maybe required. MC 8881/6/94, MC 972 7/4/96. 19.70.040 APPLICATION A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Commission. Decisions of the Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and Appeals). 19.70.050 FINDINGS The Director may approve or conditionally approve a Temporary Use Permit application only when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made. 19.70.060 CONDITIONS OF APPROVAL In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 19.36.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to: 1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or I year for all other uses or structures, or for a shorter period of time as determined by the Director. MC 972 7/4/96. 2. Provision for temporary parking facilities, including vehicular ingress and egress; 3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; 4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 5. Provision for sanitary and medical facilities; 6. Provision for solid, hazardous and toxic waste collection and disposal; IV -83 7/96 7. Provision for security and safety measures; 8. Regulation of signs; 9. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in Condition No. I; 10. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; II. Submission of a site plan indicating any information required by this Chapter; 12. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code; and 13. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. 19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Development Code. MC 972 7/4/96 19.70.080 REVOCATION A Temporary Use permit may be revoked or modified by the Director if anyone of the following findings can be made: 1. That circumstances have changed so that I or more of the findings of fact contained in Section 19.36.050 can no longer be made; 2. That the Temporary Use Permit was obtained by misrepresentation or fraud; 3. That I or more of the conditions of the Temporary Use Permit have not been met; and 4. That the use is in violation of any statute, ordinance, law, or regulation. MC 972 7/4/96. IV-84 7/96 c o o t(Q)~l( 1 2 3 4 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.70 (TEMPORARY USE PERMITS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ACTIVITIES ON CITY- OWNED PROPERTY AND CITY-SPONSORED ACTIVITIES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 1. Chapter 19.70, Section 19.70.020 of the Municipal Code (Development Code) is amended to add Subsection 10 related to temporary uses at Arrowhead Credit Union Park as shown in Attachment 1 and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been 19 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 1 c AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.70 (TEMPORARY USE PER..'\1ITS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ACTIVITIES ON CITY- 3 OWNED PROPERTY AND CITY-SPONSORED ACTIVITIES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2004, by the following vote to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 11 ESTRADA LONGVILLE 12 MC GINNIS 13 DERRY 14 KELLEY o 15 JOHNSON 16 MC CAMMACK 17 18 19 City Clerk The foregoing ordinance is hereby approved this day of 20 2004. 21 22 23 Approved as to form 24 and legal content: JUDITH V ALLES, Mayor City of San Bernardino o 25 JAMES F. PENMAN City Attorney 26 ~ 27 By: 1. p~ III 28 III 2 c o o A'ITACHMENT I CHAPTER 19.70 TEMPORARY USE PERMITS 19.70.010 PURPOSE The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. 19.70.020 PERMITTED USES The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: 1. Real estate offices within approved development projects; 2. On- and off-site contractors' construction yards in conjunction with an approved development project; 3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs; 4. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business registration certificate, provided such activity shall be only held from November 1 through December 31, subject to Chapter 5.04 of the Municipal Code; 5. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code; 6. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal Code; 7. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; 8. Emergency public health and safety needs; and 9. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses Permitted). MC 972 7/4/96 10. Temporary vehicle sales and car shows may be held at the Arrowhead Credit Union Park, subject to an approved Temporary Use Permit. These activities are limited to twice per calendar year per event type, per location. IV -82 7/96 C 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: 1. Temporary outdoor displays and sales, pursuant to Chapter 5.22 ofthe Municipal Code. 2. City-sponsored uses and activities, or activities occurring on City-owned property, occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required. MC 888 1/6/94, MC 972 7/4/96. 19.70.040 APPLICATION A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Commission. Decisions of the Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and Appeals). 19.70.050 FINDINGS The Director may approve or conditionally approve a Temporary Use Permit application only when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made. o 19.70.060 CONDITIONS OF APPROVAL In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section 19.36.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to: I. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or I year for all other uses or structures, or for a shorter period of time as determined by the Director. MC 972 7/4/96. 2. Provision for temporary parking facilities, including vehicular ingress and egress; 3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; 4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 5. Provision for sanitary and medical facilities; o 6. Provision for solid, hazardous and toxic waste collection and disposal; IV -83 7/96 c o o 7. Provision for security and safety measures; 8. Regulation of signs; 9. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in Condition No. I; 10. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; II. Submission of a site plan indicating any information required by this Chapter; 12. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code; and 13. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this Chapter. 19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Development Code. MC 972 7/4/96 19.70.080 REVOCATION A Temporary Use permit may be revoked or modified by the Director if anyone of the following findings can be made: I. That circumstances have changed so that 1 or more of the findings of fact contained in Section 19.36.050 can no longer be made; 2. That the Temporary Use Permit was obtained by misrepresentation or fraud; 3. That 1 or more of the conditions of the Temporary Use Permit have not been met; and 4. That the use is in violation of any statute, ordinance, law, or regulation. MC 972 7/4/96. IV -84 7/96 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan.bernardino.ca.us ,,, August 18, 2004 Inland Empire 66ers Baseball 280 South "E" Street San Bernardino, CA 92418 To whom it may concern: At the meeting of the Mayor and Common Council held on August 16, 2004, the following action was taken regarding the public hearing relative to Development Code Amendment No. 04-03, to modify Chapter 19.70 of the Development Code pertaining to temporary use permits: The public hearing was closed; said ordinance was laid over for [mal adoption; the City Administrator's Office was directed to prepare implementation guidelines; and refund of the application processing fee in the amount of $1,506 was approved. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~.h.~ Rachel G. Clark, CMC City Clerk RC:lh cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty .l!i: :**..FOR OFFICE USE ONLY _ NOT.A PUBLlCDOCUMENT*~~1: A . _ '.-"'i"':=....~':1? 4 ~.>-."""",,,, ......~~~_. -,".-,"t*:ti'&:'~ ,,~._~.,.... .....""~. ,'" -';"lI:~~":"<.'-,:'" . :"C~:::-,?.t~:;.~.:;t. - ~'/f "_: ,. .~~?~~~:. ~fC.~)'!.~"?: -. . _~ ~ 4:::" ~ . .~, .' . ~ ~:';~~;~, 'r_--?:'=:.',-~~'<-:, .. .. ..... ..' CITY OF SAN BERNARDINO :'CITY ClERK'S OFFICE ._~'1'.. .-_.w . 0 '. "'co.' RECORDS & INFORMATION MANAGEMENT PROGRAM .....J.';... '-''':~' Effective Date: Vote: Ayes: Abstain; Date Sent to Mayor: Date of Mayor's Signature: Date Summary Sent to Attorney: Date Published: 9- ~3 - o~ MeetingType:~ ~ Continued Fro~ Item No. AGENDA ITEM TRACKING FORM Item No. /1 Ordinance Urgency: Yes Termination/Sunset Date: IgJ Af/4 Meeting Date/Date Adopted: Nays: Absent: -&- ...-0- Date Returned from Mayor: 9' Iq 1 IJ V I I Date of Clerk's Signature: 9/10/0'1 i I Date Summary Returned from Attorney: 9/'110'( I f Date Seal Impressed: ~/13/0'l / Date Sent for Signature: Expiration Date: Copies Distributed To: I 1,/ 1/ .-- , J Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent Request for Council Action & Staff Report Attached: Notes: JvI~~ /~- - >/r)l Of Yes No Ready to File: j ~~ J 00CUMfNT lOCATlOH: fOAMSIAIIfIda 111m T~ Fonn.CC Fomt No. 111-lB lJDdaIed: 1210411996 Date: Cf-/3-tJ'(