HomeMy WebLinkAbout43-Planning and Building
CITY OF SAN BER.RDINO - REQUESTfoR COUNCIL ACTION
From: Al Boughey, Director
Subject: Development Code Amendment No 91-(
Dept: Planning & Building Services
Mayor and Common Council Meeting
Hay 18, 1 9 9 2
Date: April 30, 1992
Synopsis of Previous Council action:
On 11arch 3, 1992 the Planning Commission recommended approval
of Development Code Amendment No. 91-06.
Recommended motion:
That the hearing be closed and further reading of said ordinance
be waived and laid over for final adoption; or
That the hearing be closed and the ordinance be denied.
Al
Contact person: Al Boughey
Supporting data attached: Staff Report, Ordinance
Phone:
384-5357
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount: $25.00
Source: (Acct. No.) 001-171-53150
(Acct. DescriPtion) Professional Services
Finance:~~J JJ ~
Council Notes:
75-0262
Agenda Item No.
"3
· CITY OF SAN BER~DINO - REQUEST .R COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment No. 91-06
Mayor and Common Council Meeting of
May 18, 1992
REOUEST
This proposal, initiated by the Mayor and Common Council, is to
amend the City Development Code, section 19.060.20, to permit
membership organizations, including churches and fraternal groups,
in a wider band of commercial and industrial land use designations,
subject to review and approval of a Development Permit and/or a
Conditional Use Permit.
BACKGROUND
Development Code Amendment (DCA) No. 91-06 would permit membership
organizations, including churches in additional commercial and
industrial land use designations than is presently allowed, subject
to a Development Permit or Conditional Use Permit.
The Planning commission reviewed the proposal on March 3, 1992 and
recommended approval of Development Code Amendment No. 91-06 to the
Mayor and Common Council by a 5 to 0 vote, based on the Findings of
Fact in the PC staff report (see, Exhibit 1 and 1-A & 1~~).
No changes are proposed for churches in all residential districts.
Proposed DCA No. 91-06 is exempt from California Environmental
Quality Act (CEQA) review under section 15300.4., since the
adoption of the Development Code has already addressed any
potential impacts of membership organizations within most of the
City's commercial and industrial land use districts and the
proposal is for an expansion into 4 additional land use
designations which have very similar types of allowable uses and
permitted activities. Subsequent submittals of specific projects
will still be reviewed to determine if their proposals meet or
exceed the tresholds for CEQA review and/or exemption status.
The conclusions of the March 3, 1992 staff report to the Planning
Commission were that membership organizations are similar to other
office type uses within enclosed structures though their membership
numbers, hours of operation and, in general, activity levels are
normally less intense and there are, presently, several well-
established membership organizations throughout the City that have
operated for years without notable impacts to adjoining commercial
and residential properties and, as such, have shown to be a
compatible use to surrounding community areas.
75-0264
.
.
DCA 91-06/Staff Report
Mayor and Common Council
May 18, 1992 Meeting
Page 2
OPTIONS AVAILABLE TO THE ~YOR AND COMMON COUNCIL
The MCC may adopt the ordinance and approve DCA 91-06 based on the
Findings of Fact or the MCC may deny DCA 91-06.
RECOMMENDATION
Staff recommends that the Mayor and Common Council approval
Development Code Amendment No. 91-06.
Prepared by: Paul G. Scroggs
Assistant Planner
for Al Boughey, Director
Planning and Building Services
Exhibits:
1 - Staff Report to
Attachment I-A
Attachment 1-B
included)
2 - Ordinance
the Planning Commission
Findings of Fact
Development Code Table (not
pgs
DCA91-06
MCCsfr
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 5
SUMMARY HEARING DATE 3-3-92
WARD Citywide
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DEVELOP~~ CODE AML~DMENT
NO. 91-06
APPUCANT:City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
OWNER: Various
Proposed amendment to Development Code, Section 19.06.020
to permit me~ership organizations, including churches and
fraternal groups, subject to Conditional Use Permit or
Development Permit Review in Commercial and Industrial land
use designations.
Citywide.
PROPERTY
EXISTING
LAND USE
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CITY OF SAN BERNARDINO ---------------
MEMORANDUM
To Planning commission
From Al Boughey, Director
Planning & Bldg. Srvcs.
Subject Development Code Amendment
No. 91-06
Date March 3, 1992
APPLICANT
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
REOUEST AND LOCATION
This proposal, initiated by the Mayor and Common Council, is to
amend the City Development Code, section 19.060.20, to permit
membership organizations, including churches and fraternal groups,
in a wider band of appropriate commercial and industrial land use
designations throughout the City, subject to review and approval
of a Development Permit and/or Conditional Use Permit.
As proposed, memberShip orqanizations would be permitted in the
following land use designations, including:
CN, Commercial Neighborhood , with an approved Condi tional Use
Permiti and
CO-I, CO-2, Commercial Office; CG-1, CG-2, Commercial General;
CR-2, CR-3,. Commercial Regional; CH, Commercial Heavy; OIP, Office
Industrial Park; IL, Industrial Light, and CCS-1, CCS-2, Cent=al
City South, subject to an approved Development Permit Review.
BACKGROUND
At the December 16, 1991 regularly scheduled meeting of the Mayor
and Common Council, a motion was made to direct -=.he Planning
Department staff to propose a Development Code Amendment to permit
the operation of fraternal organizations in the IL; Ind~strial
Light land use designations and in any other appropria~e city land
use districts. In February, 1992 their request was expanded to
include churches and other membership groups over a wider band of
appropriate City commercial and industrial land use designations,
as identified above.
Development code.endment No. 91-06
Planning Conuniss . Meeting
March 3, 1992 .
Page 2
..:-:
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Presently, the city Development Code permits churches in all
residential land use districts, subject to a Conditional Use Permit
approval. No change would be made to either these current CUP
requirements or allowance for churches to be located within these
residential districts.
CUrrent city Codes also allow churches in nine (9) co~~ercial and
industrial land use designations which include:
CN, Commercial Neighborhood: CO-l, CO-2, Commercial Office: CG-l,.
CG-2, CG-3, CG-4, Commercial General: CR-2, Commercial Regional;
and IL, Industrial Light, subject to a Conditional Use Permit
approval.
Membership organizations are presently allowed in eight (8)
commercial and industrial City land use designations that include:
CO-l and CO-2, Commercial Office: CR-2, CR-3, Commercial Regional;
CG-l, CG-2, Commercial General and comparable CCS-l, Central City
South general commercial districts; and
OIP: Office Industrial ?ark land use designations, subject to a
Development Permit approval.
In all of these above referenced land use designations, churches,
fraternal groups and membership organizations, in general, are in
conformance with the Municipal Code and goals and objectives of
the City's General Plan.
The current proposal clusters churches and fraternal groups
together under the general tit1e of ~embership organizations and,
with the exception of CN, Commercial Neighborhood land use
districts where a Conditional Use Permit approval would still be
required, wquld permit membership organizations in a wider range
of City commercial and industrial land use designations, subject
to Development Permit review and approval.
Each site specific project review would con~inue to be thoroughly
analyzed to ensure full =ompliance with the citY'3 Development
Code Standard Requirements as well as any additional project-
related Conditions of Approval.
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CITY OF SAN BERNARDINO PLANNING
AND BUilDING SERVICES DEPARTMENT
CASE nrn q 1 -Of\
5
~OBSERVATIONS
AGENDA ITEM
HEARING DATE 3-3-92
PAGE 3
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CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUS
The proposed amendment to the city's ~evelopment Code is to expand
membership organizations into four (4) additional commercial and
indus-:rial land use designations then the eight (8) previously
permitted. since the adoption of the Development Code has already
addressed any potential impacts of membership groups within t~ese
districts and the proposed four additional commerical and
industrial land use designations are very similar in the kinds of
allowable uses and activities oermitted within these districts then
this request would be ex~~pted from additional California
Environmental Quality Act (CEQA) reivew, under section 15300.4.
Upon submittal of specific proposals, each project will be reviewed
to determine whether their particular proposal meets or exceeds
the thresholds for CEQA review and/or exemption status.
ANALYSIS
The city's General Plan Policy Objectives for commercial and
industrial land use districts permit a wide range of retail,
office, manufacturing, warehousing, and related uses, subject to
their proper review and approval processes. Both "employee-
intensive", such as offices and "non-intensive", as warehousing
and/or light manufacturing activities are allowed as long as these
businesses conduct and restrict all their operations to within
enclosed structures. Most membership organizations, including
churches and fraternal groups are conducive to these types of
indoor activities.
While many churches in recent years have expanded their roles to
include such activities as day-care centers, counseling and other
group programs that has resul~ed in a more intense use of church
and auxiliary buildings, most other membership organizations
typically utilize their structures on a far less frequent basis.
In fact, many membership groups meet only during evenings hours
when most surrounding commercial and industrial businesses are
closed. This minimizes any potential impacts caused by traffic,
off-site parking and/or occasional increased noise resulting from
their activities to non-significant levels.
The proposed expansion of membership organizations into a wider
range of commercial and industrial land use districts will still
require each project to be subject to a Development and/or
Conditional Use Permit Review as well as adhering to all particular
Development Code requirements applicable to the respective land use
designations in which the membership group seeks to locate.
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PlAN-8.08 PAGE I OF 1
( 4-90)
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CITY OF SAN BERNARDINO-PLANNING
AND BUILDING SERVICES' DEPARTMENT
CASE
DCA 91-06
5
3-3-92
4
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
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As each project specific is reviewed, their particular activities,
level of intensity, actual or anticipated membership size, parking
requirements as well as potential impacts to surrounding
comme~cial, industrial and/or r~sidential properties will be
thoroughly reviewed before final approval and/or denial of the
proposal occurs.
CONC~USION
Presently, the city's Municipal Code permits membership organiz-
ations within eight (8) commercial and industrial land use.
districts, subject to an approved Development Permit Review.
Churches, are also now permitted, subject to a Conditional Use--
Permit approval in nine (9) commercial and industrial land use
designations, as well as all residential land use districts.
Membership organizations are similar to other commercial office
type uses with enclosed structure activities, although their
membership numbers, hours of operation and, in general, activity
levels are often less intense.
This current proposal will expand to twelve (12) commercial and
industrial land use designations where membership organizations
will be permitted, subject to a Conditional Use Permit and/or a
Development Permit Review approval.
At the project specific level, each proposal and site will be
subject to a thorough review of Devel~pme~t Cc~a Standards ~ithin
that respec~ive commerical or industrial land use designation.
Addi tional Condi tions of Approval may also be required as to
parking, landscape screening, noise buffering or other project
specific conditions, for example, as to meeting time restrictions
if a site'~ pa~icular location warranted such added conditions,
or resulted in it's proximity to some adj 0 ining or otherll1ise
unique, neighboring commercial or industrial use or activity.
There are several, well-established membership organizations
located throughout the City of San Bernardino that have operated
for years without any notable problems or conflic":.5.ng impacts to
adjoininq properties and, as such, have shown to be a compatible
use to surrounding community areas.
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PlAN-8.Q8 PAGE 1 OF I
( 4-9OJ
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE DCA 91-06
~
3-3-92
S
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OBSERVATIONS
AGEN~A ITEM
HEARING DATE
PAGE
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RECOMMENDATION
staff requests that the Planning commission recommend to the Mayor
and Common ~ouncil:
1. Approval of proposed Development Code Amendment NO.91-06,
subject to ~he attached Findings of Fact (Attachment flAIt).
oirector
ng Services
~. f2.. Co. .J~
Paul G. Scroggs
Assistant Planner
Attachments
A - Findings of Fact
B - Development Code Table - Existing & Proposed
CITY t7 -_ ~
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PlAN.8.08 PAGE 1 OF 1 (4-90)
c"
Attachment "A"
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CITY ~F SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
..,
CASE nr~ q 1-nt:;
FINDINGS OF FACT
AGENDA ITEM
HEARING DATE
PAGE
3
3-3-32
6
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FINDINGS OF FACT
DEVELOPMENT CODE ~~~DMENT NO. 91-06
1. The proposed Development Code Amendment is consistent with the
goals and intent of the General Plan to establish membership
organizations for both social and related purposes in various
appropriate commercial and industrial land use districts as .
another means of promoting community growth and fostering
neighborhood identity.
2. The proposed Development Code Amendment to permit membership
orqanizations in a wider range of commercial and industrial
land use designations would not be detrimental to the pubic
interest, health, safety, convenience, or welfare of the City
in that they are similar uses to those permitted already.
3. The proposed permitting of membership organizations to twelve
General Plan commer=ial and industrial land use designations,
subject to a Development Pe~it and/or Conditional Use Permit
approval will maintain an appropriate balance of land uses
within these land use districts and not pose a detriment to any
.existi~g or other proposed uses and/or activities.
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PLAN.1..D6 ;J AGE 1 OF .
( 4- 'lO)
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Ordinance No.
.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
1 19.06.020, TABLE 6.01 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) ALLOWING MEMBERSHIP ORGANIZATIONS, INCLUDING
2 FRATERNAL GROUPS AND CHURCHES, IN A WIDER BAND OF COMMERCIAL AND
INDUSTRIAL LAND USE DISTRICTS.
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
4 ORDAIN AS FOLLOWS:
5
SECTION 1.
Page 11-73. section 19.06.020, TABLE 06.01
6 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES is
7 amended as follows: [See Attachment A, (Page 11-73 of the
8 Development Code), attached hereto and incorporated herein by
9 reference.]
10 Item 86. Membership Organizations, add a "D" under the columns
11 headed CH, IL and CCS-2.
12 SECTION 2. Page 11-74. section 19.06.020, TABLE 06.01
13 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES is
14 amended as follows: [See Attachment B, (Page 11-74 of the
15 Development Code,) attached hereto and incorporated herein by
16 reference.]
17 Item 866. Religious (Churches, etc.)
18 Change from a "c" to a "D" under the columns CO-1, CO-2, CG-1, CG-
Add a "D" under the columns CH, OIP, CCS-1
19 2, CG-3, CR-2 and IL.
20
and CCS-2.
Delete the "C" under the CG-4 column.
21 I I I I
22 IIII
23 IIII
24 IIII
25 IIII
26 IIII
27 IIII
28 IIII
1
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41
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1 ORDINANCE.. .AMENDING SECTION 19.06.020, TABLE 06.01 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING MEMBERSHIP
2 ORGANIZATIONS, INCLUDING FRATERNAL GROUPS AND CHURCHES, IN A WIDER
BAND OF COMMERCIAL AND INDUSTRIAL LAND USE DISTRICTS.
3
4
5
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting, therefore, held on the
day of
6
7
Council Members:
, 1992, by the following vote, to wit:
NAYS
ABSTAIN
AYES
ABSENT
8
ESTRADA
9
REILLY
10 HERNANDEZ
11
MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
15
16
17
18 of
19
20
City Clerk
The foregoing ordinance is hereby approved this
day
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
21
Approved as to
22 form and legal content:
23
24
JAMES F. PENMAN,
City Attorney
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