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HomeMy WebLinkAbout03-Planning and Building \, ,..;.... :) _or..... '- C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8804-1505 TO: Planning Commissioners FROM: Planning Department SUBJECT: Recommendation on Section 1 of the General Plan DATE: April 26, 1989 ------------------------------------------------------------------ The following text and table should be inserted in the General Plan (page 4) to replace the existing material: "F. RELATIONSHIP TO OTHER DOCUMENTS The mayor and Council have adopted, through ordinance or resolu- tion, various land use documents which bear a relationship to the General Plan. Those documents fall into either of two groups: 1) documents which are incorporated by reference into the Plan, 2) documents superseded by the Plan. Table 35 lists the affected documents and explains their status upon adoption of this Plan. Some documents are incorporated by reference. Whenever incon- sistencies occur between a document and the General Plan, or where a document omits specific policy or text regarding any issue, then the provisions of the General Plan will take precedence. In the case of specific plans or overlay districts which have been, or will hereinafter be adopted by the City, the Land Use Plan Map is to be amended to reflect the locational boundaries of the area identified by the numerical reference, e.g., "Specific Plan 82-1." In addi- tion, when a new specific plan or overlay district would modify the General Plan, an amendment to the General Plan would need to be approved at the same time in order to maintain consistency." The following is to be added to the General Plan Land Use Element as Policy 1.7.20: "Allow for the consideration and adoption of specific plans and overlay districts which modify the use, intensities and/or develop- ment guidelines stipulated in this Plan, anywhere in the City. If such specific plan or overlay district is to be adopted, the General Plan shall be amended to maintain consistency." C4 MEMOGPpl ~ ~+",...., . /" "- r, .....I -- EXHIBIT "A" TABLE 35 Title Incorporated -- of by Document Reference Suoerceded Comments General Plan To be certified May, EIR 0 1989 and updated as needed. Technical 0 Published Feb., 1988. Background To be updated as need- Reoort ed. Development 0 Code Not vet adonted. Interim 0 Published May,1988. Policy Doc- ument General Plan 0 Published 1964. Various amendments. State College 0 published 1964. Various Area Plan amendments. Highland Areal 0 Published 1976. Various Plan amendments Verdemont 0 0 Published 1986. Section Area Plan (portion) (portion) V "Standards" pp. 95- 156 incorporated bY- reference. Balance is suoerceded. - Highland 0 Hills Spec- ific Plan Central City 0 South Over- lav District Redevelop- 0 Various Plans adopted ment Plans from 1958 to 1986. General Plan supercedes redevelopment plans where land uses or dev- elopment guidelines are inconsistent. C4 MEMOGPRECO .1'--' '"~, ~ ~ ~ MEETING OF APRIL 26, 1989 Invocation given by Valerie Pope-Ludlam. Pledge of Allegiance led by Norine Mi Iler. Item I. (Motion #1 entered). Item I I. (Motion #2 entered). I t em I I I. Ge n era I P I an. The Planning Director explained the process by which the Mayor and Common Counci I would be presented the General Plan Draft by staff for consideration and adoption. The Senior Planner, Vince Bautista, presented the schedule of meet ings to the Mayor and Common Counci I. He further introduced the strikeout/underl ine version of Chapters 1 through 4 of the General Plan Draft, the adopted staff recommendations, and the minutes from the Planning Commission meeting of April 3,1989. Brad Ki I ger presented an overv i ew of the genera I organ i zat i on of the General Plan Draft text. He stated staff would present the strikeout/underline version with the Planning Commission's recommendations. (Mayor Wi Icox then explained the publ ic testimony procedure and outlined how the G.P. proceedings would be conducted.) Deputy City Attorney Impeno recommended to the Mayor to announce for the benefit of the pUblic when public comments would be heard. He further suggested that Item 3 on the agenda be interupted and opportuni ty for publ ic comments be made at that time. Publ ic Comments- There were no comments from members of the pub I i c. Brad Ki I ger presented the I nt roduct i on sect ion of the Genera I Plan Draft text in strikeout/underline version with emphasis on clarification of language regarding the development of implementation programs. City Deputy Attorney Impeno commented that his office had reviewed the language with the consultant and staff. He recommended that the language be placed in at the introductory portion of the General Plan based on arguments possibly made in the future challenging some of the implementation programs. ,<" ., .-.- -- ....,; Planning Director Kilger presented ItemF, page40f theG.P. text and recommended that it be continued to May l&th, when the Land Use portion of the General Plan would be discussed. Motion #3 entered. Ki Iger requested that the Mayor and Counci I consider Item d, page 3, relative to the Implementation Program language. Discussion ensued regarding the language recommended by staff to be i nc I uded in the I nt roductory sect i on of the Genera I PI an text relative to implementation programs. Consul tant Tescher advised that the language would give the City the flexibility, on an annual basis, to mold their programs based on resources available and give them the ability to prioritize. MOTION #4 ENTERED. Consultant Tescher: The chapter that you are considering today is Chapter 3, entitled Environmental Resources. It's divided into four constituent subsections or elements. The first of these, Section 1&.&, entitled Natural Resource~ and there are three subsections to that. The first is Section A, Biological Resources. Its goals, objectives and policies in this section provide for the establ ishment and maintenance of a comprehensive database regarding the environmental resources that are contained in the City. That database is provided in order to provide you a basis to review projects as to their abi I ity to maintain and protect what are significant resources. The second component of that section deals with policy for the establishment of compatible land use practices in the areas in which the most sensitive environmental resources occur. As a part of the implementat ion of that pol icy is the establ ishment of something entitled a biological resource management area. These are essentially the foothills of the community as well as the drainages, particularly the Santa Ana River, Lytle Creek, and ajon Creek areas. This particular subsection of policy establishes standards for development and criteria for development review in such areas based upon the importance and the sensitivity of the species that are located within that area. The third policy subsection of Biological Resources deals with specific pOlicies for the preservation of the most significant species. One of the corridors, which on that graphic are the darkest areas that you see. This is in the foothi II areas, they are the canyon bottoms in which you have the densest amount of vegetation, where there may be perennial streams or whatever the state classifies as having the most signi ficant habitat. they are the most sensitive of the mountain areas. The second section of Natural Resources is entitled Mineral Resources and deals with two principal issues: the maintenance of information by the city regarding the locations and the characteristics of the significant mineral resources, the development of guidelines and extractions of those areas, 2 /' '....... "-' '- ........" essentially siting and deferring to the requirements of Mining and Reclamation Act as the guidelines by which development should proceed. The third subsection deals with Climate and Air Quality. This issue is being driven by recent Southern Cal ifornia Association of Governments of South Coast Management District actions in establishing a regional air quality plan. The General Plan that you are considering suggests that the city implement the recommendations as they pertain to the City of San Bernardino over time. The second major component of the air and Quality section is the establishment of policy by which the city can encourage the reduction of automobile traffic which is the major source of pollutants through such things as improving job housing balance in the community, by doing such other actions as continuing public transit programs, and so forth. The last section, section 11.~ is entitled Energy and Water Conservation. Valerie Ross, senior planner, presented information regarding Subsection A, Biological Resources, highlighting recommendations made by the Planning Commission and clarifications in text. Motion #5 entered. Valerie Ross gave information regarding Subsection B, Mineral Resources, stating that the Planning Commission did not recommend any changes to the text of the document. She indicated policies highlighted for clarification and pOlicies added and deleted. Motion #6 entered. Planner Ross gave present ion of Subsection C, CI imate and Air Quality, indicating the recommendations by the Planning Commission and clarifications in goals, pOlicies and objectives statements. Ross answered questions regarding Implementation Program 1~.15, stating the city is mandated by the state to include the calculations prior to approving a building permit and that the building code readily includes requirements and standards; therefore an ordinance is not required. Ross answered questions regarding Air Quality, stating the city is not specifically required to maintain technical data regarding air quality. She indicated the measures included in the general plan proposed to help clean-up the air quality in the c i t y. Ki I ger stated that the city wou I d coord i nate wi th the county to update technical information regarding air quality. Consultant answered questions regarding the city developing techniques to improve air qual ity stating that car-pool ing and other means for emission control would be encouraged. 3 '- r' /',.,... - - -...'" / Discussion ensued regarding the implementation programs and pol icies recommended to regulate the cl imate and air qual ity in the city, focusing on vehicular air emissions and residential development control. Counci I and staff discussed making mandatory statements regarding improving air quality and transportation for the city. Motion # 7 entered. Evelyn Alexander, 148~ East Verde, San Bernardino, member of the CAC, spoke as an individual and CAC. She stated concern over the repetitive use of the word "consider" in the implementation programs and pol icies. She stated that the CAC was concerned that the wording should be changed to "study" or something other than cons i der. Discussion ensued by staff and Council regarding the clarification of terminology used in the implementation and pol icy statements. Motion #8 entered. Staff and council further discussed clarification of language used in Subsection C, specifically items U.24, U.28 and 1~.31. Planning Director Kilger explained the language in Item 1&.31 concerning establishing a bicycle route in the City. Motion #9 entered. Meeting adjourned to 1:3~ p.m. Meeting reconvened at 1:4~ p.m. Planning Director Kilger introduced Chapter 3, Environmental Resources, Subsection 11.~ Energy and Water Conservation stating that the Planning Commission recommended no changes to text. Planner Ross presented the goals, objectives and policies with clarification in language, revisions, and general background information City Clerk Clark answered questions regarding contaminated waste. She stated that there are preventative measures establ ished by the city through the certificate of occupancy process to enforce businesses to comply to standards and regulations governed by the Code Enforcement department. Discussion ensued regarding penalties imposed for violations of disposal of toxic chemicals and the degradation and setimentation in water ways throughout the city. Bernie (?) (from the Water department?) stated that the state, 4 . , '-' -- ........... under Proposition 65 controls al I toxics, either surface or ground water sources, and that can be used for citing purposes. He stated that EPA would stand in on large contaminated surfaces and would issue citations to the owners of the property. He stated that the city did not have an ordinance to impose penalties on violators. Counci I discussed the city's position regarding the hazardous waste element at Norton Air Force Base. Consultant Tescher stated that there is a directive and pOlicy for the preparation of a specific plan regarding Norton Air Force in the land use pOlicy statements. It is a joint operation initiated and sponsored by the city which addresses different impacts, including within the boundaries of the physical land of Norton Air Force Base. He stated the pOlicy provision clearly gives the city the latitude to negotiate in a pro-active way. Planner Ross answered questions regarding Energy and Conservation, specifically a proposed new policy 11.3a, which requires that existing multi-family, commercial and industrial uses i nsta II energy ef f i c i ent fixtures pr i or to the issuance of a certificate of occupancy. Discussion ensued regarding the expense in requl ring significant building modifications in existing multi-family buildings. Jim? (representat ive from bui Iding and safety) stated that the city could be held responsible for the energy conservation measures and recommended there be a I imitation on how far the city could go in requiring retrofitting and modifications. He stated this measure would make it more difficult for owners to obtain a certificate of occupancy. Bernie? (water department) answered questions regarding giving owners rebates for water conservation improvements. He stated that such a rebate wou I d depend upon the ava i lab i I i ty of state and federal funds. He further stated that the only rebate would be in lower water and sewerage bills. Motion #1& entered. Consultant Tescher suggested amending policies 1.1.2 and establ ishing new pol icy to correspond with the revision of Section 11.3a. Motion #11 entered. Planner Ross answered questions regarding POlicy 11.1.6, relative to incorporating solar energy systems. Deputy City Attorney Impeno commented that the provision stipulated under the proposed policy is a concept currently used in other cities. He stated that the implementation program proposed appeared too broad and should be discussed with the Development Code for review. 5 . , \- - - Discussion ensued regarding revIsing the language in Pol icies 11.1.5 and 11.1.6 to specifically identify the requirements for developing design techniques for the purpose of energy efficiency. Motion #12 entered. Consultant Tescher introduced a new policy, relative to the Envi ronmental Impact Report. He stated there had been some comments from the state regarding reclaimed water and it was suggested that a pol icy statement be included in the General Plan under the Water and Conservation section. Bernie (water department) suggested changes in pol icy language based on the current existence of a program for the use of reclaimed water. Motion #13 entered. ***Shauna, in listen i ng to the tape, I'll have to assume that the changes suggested by Bernie were incorporated into the pol icy. It was not read back for clarification so here it is again with the changes: 111.19 Continue to work with the San Bernardino Municipal Water Department to expand a program for the use of reclaimed water for landscape irrigation and other non-contact uses. **I1.1.14a (remains the same.) Motion #14 entered. ADJOURNED. 6 , , I' "-' .f '''_ " ~ ''-' I' (1) Overview of Plan Policy '- (2) Goals The ultimate purpose of an effort stated in a way that is general in nature and immeasurable. (3) Objectives A measurable goal. (4) Policies A specific statement guiding action and implying clear commitment. d. Implementation Programs Actions, procedures, or techniques that carry out the general plan policy through implementing a standard (a specific, often quantified guideline defining the relationship between two or more variables). The programs contained in the City of San Bernardino Draft General Plan encompass a broad ran~e of actions which are defined to implement the policies of each element. r- These include: '- ill Programs which are currently being implemented by the City and will be continued: ill Modifications of existing programs. with little or no fiscal impact on the City: ill Proposed new programs which can be implemented with little or no budget expen- ditures by the City: and ill Proposed new programs which will require additional City budget expenditures (e.g.. additional studies/plans and personnel). Of these. some are mandated by the state law (e.2.. zoning. CEOA review. and housin~ programs). Others account for plan policies which. while they may be contained in a state-mandated element. are not necessarily mandated actions by the City. Unless oth- erwise required by state law. each and every implementation program listed in this General Plan is not to be construed as mandatory but only directory for the City in ac- complishing the goals. objectives and policies of this General Plan. Within one year of the date of the adoption of this General Plan. the City shall establish and approve a comprehensive stratesy to implement the programs contained in this plan. This should include: '-- 3 '- r- '- r' - , . . "'"-'. -- ....", ..../ '-' ill Feasibility of the program: ill Alternative programs: ill The identification of priority programs: (4) Responsibility for implementation: ill Timing/Schedule for implementation: .!2L Costs of implementation: and ill Revenue sources. The timing of implementation shall account for mandatoIY requirements of the state. funding availability. and defined priorities as established by the Mayor and Council. One or more policies are defined for every objective. Every policy has a corresponding implementation program. D. RELATIONSHIP AMONG GENERAL PLAN ELEMENTS As a comprehensive strategy for the management of a city's diverse physical, economic, and social resources, there is a high level of interrelationship among the topics and ele- ments of the General Plan. The Land Use and Urban Design Element provides for the types, density/intensity, design, and distribution of development. The Housing Element provides for the manner in which existing housing will be conserved and new housing will be produced, in context of the areas permitted for development by the Land Use Element. The Economic Development Element provides for the manner in which the uses accommodated by the Land Use Element will be attracted to the City and maintained at a high level of productivity over time. The Urban Design for Public Open Spaces Element provides for the type and design of open spaces which are the linkages between private and public buildings. The Circulation and Utilities Elements identify the types of and specify the means by which public infrastructure will be pro- vided to support the uses accommodated by the Land Use Element. The Public Facilities and Services and Parks and Recreation Elements define the range of services needed to support the City's residents, businesses, and visitors. The Environmental Resources Element (Natural Resources and Energy and Water Conservation) define pol- icy for the protection of significant resources in context of new land use development. The Environmental Hazards Element (Geologic and Seismic, Hazardous Materials and Uses, Noise, Wind and Fire, and Flooding) provides for the protection of humans and uses from the adverse effects of natural and man-caused hazards. E. MONITORING AND UPDATE OF THE GENERAL PLAN The State recommends that the short-term portions of the General Plan be reviewed annually and revised as necessary to reflect the availability of new implementation tools, changes in funding sources, and the results of monitoring the effectiveness of past decisions. The City's Planning Commission is required to report annually to the Mayor and Common Council on the status of the Plan and progress made in its implementation. The Housing Element must be reviewed and updated at least every five years. The State also recommends that the entire plan be thoroughly reviewed at 4