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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: April 18, 2011
Subject: An Ordinance to amend Table 06.01,
List of Permitted Uses, in Chapter 19.06 of the
Development Code, Commercial Districts, to
permit movie theaters of four or more screens
subject to a Conditional Use Permit in the
downtown Main Street Overlay District (DCA
11-01).
From: M. Margo Wheeler, Director
Dept: Community Development
MCC Date: May 2, 2011
Synopsis of Previous Council Action:
06/01/09 Mayor and Council accepted and endorsed the Downtown Core Vision/Action Plan
and directed staff to proceed with its implementation.
Recommended Motion:
That the hearing be closed and the Ordinance be laid over for final adoption.
l(J/tli
. 'M. Margo. Wheeler
Contact person:
Terri Rahhal, City Planner
Phone:
3330
Supporting data attached: Staff Report & Ordinance
Ward:
All
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. J q
05 -()~--;;;ol /
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance to amend Table 06.01, List of Permitted Uses, in Chapter 19.06 of the
Development Code, Commercial Districts, to permit movie theaters of four or more screens
subject to a Conditional Use Permit in the downtown Main Street Overlay District (DCA 11-01).
Background:
The Economic Development Agency (EDA) proposed Development Code Amendment 11-01 to
support its efforts to revitalize Downtown San Bernardino in accordance with the Downtown
Core Vision! Action Plan, the guiding land use and redevelopment strategy document endorsed
by the Mayor and Council in 2009. One of seven key initiatives in the Downtown Core
Vision! Action Plan is creation of an entertainment district, anchored by the California Theater
and the downtown cinema. The EDA has been working to enhance the California Theater, re-
tenant the downtown cinema and create an entertainment plaza, known as Theater Square, to
revive night life in the Downtown.
The proposed Development Code Amendment (DCA) would permit new major movie theaters
with four or more screens subject to a Conditional Use Permit, only in the downtown Main Street
Overlay District. The proposed DCA ordinance would not affect existing movie theaters, and
would not change current regulations pertaining to smaller movie theaters of three screens or
less. The purpose of the proposed DCA is to improve the outlook for success of the downtown
entertainment district. A more detailed description and analysis of the proposed DCA is attached
in the March 23,2011 Planning Commission Staff report (Exhibit 1).
On March 23, 2011, the Planning Commission considered DCA 11-01 and by a unanimous vote,
recommended that the Mayor and Common Council approve the amendment. Commissioners
Calero, Coute, Eble, Machen, Rawls and Sauerbrun voted in favor of the proposal.
Commissioner Durr abstained because his employer conducts business in the Main Street
Overlay District. Commissioner Mulvihill abstained due to his occasional contract employment
by the Redevelopment Agency. Commissioner Heasley was absent.
Public Hearing Notice:
Notice of the public hearing of this item was published in a 1/8 page advertisement in the San
Bernardino County Sun on April 22, 2011.
Financial Impact:
None anticipated.
Recommendation:
That the hearing be closed, and the Ordinance be laid over for final adoption.
Attachments:
Exhibit 1
Exhibit 2
Planning Commission Statement of Action and 3/23/11 Staff Report
Ordinance
2
EXHffiIT 1
CITY OF SAN BERNARDINO
STATEMENT OF OFFICIAL pLANNING COMMISSION ACTION
PROJECT
Number:
Development Code Amendment No. 11-01
Proposed By:
City of San Bernardino Redevelopment Agency
Description:
A proposal to amend Table 06.01 of Development Code Chapter 19.06,
Commercial Districts, List of Permitted Uses to permit movie theaters of
four or more screens subject to a conditional use permit in the downtown
Main Street Overlay District.
ACTION:
RECOMMENDED APPROVAL
Meeting Date:
March 23,2011
The Planning Commission recommended approval of Development Code Amendment No. 11-01
to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Calero, Coute, Eble, Machen, Rawls and Sauerbrun
None
Durr and Mulvihill
Heasley
I hereby certify that this Statement of Official Action accurately reflects the final determination
of the Planning Commission of the City of San Bernardino.
-
/.,/;1(/ /f' .'\\ .I--~ /..-
,v I J /'., _.,}(1(/-,//
/ I .. . ,/ /1'. j/'j .- .. ,
. /M. Margo Wheeler, Community Development Director Date
cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 11-01
4
March 23, 2011
Citywide
APPLICANT:
City of San Bernardino Economic Development Agency
201 North "E" Street, Ste. 301
San Bernardino, CA 92401
909-663-1044
REQUESTILOCATION:
A proposal to amend Table 06.01 of Development Code Chapter 19.06, Commercial Districts,
List of Permitted Uses to permit movie theaters of four or more screens subject to a conditional
use permit in the downtown Main Street Overlay District.
CONSTRAlNTS/OVERLA YS:
Not Applicable
ENVIRONMENTAL FINDINGS:
It:! Exempt from CEQA, Section 15061(b)(3) - No Possible Significant Impact
CI Mitigation Measures and Mitigation Monitoring/Reporting Program
CI Environmental Impact Report
STAFF RECOMMENDATION:
It:! Approval Recommendation to Mayor and Council
CJ Conditions
CJ Denial
CJ Continuance to:
DCA No. 11-01
PC Hearing Date: March 23, 2011
Page 2
PROJECT DESCRIPTION
Development Code Amendment (DCA) No. 11-01 is a proposal to revise Chapter 19.06,
Commercial Districts, Table 06.01, List of Permitted Uses. This item is presented to the Planning
Commission for a recommendation to be forwarded to the Mayor and Common Council,
pursuant to 919.42.030 of the Development Code, Commission Action on Amendments.
The proposed amendment to Table 06.01 (Attachment A) would permit establishment of new
movie theaters of four or more screens subject to a conditional use permit in the downtown Main
Street Overlay District (Attachment B). This location standard will not apply to existing theaters,
and new theaters with 3 screens or less will still be permitted throughout the city.
SETTING AND AREA OF EFFECT
DCA No. 11-01 would affect all commercial districts throughout the City, where movie theaters
of any size are currently permitted subject to approval of a Conditional Use Permit (CUP).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed amendment of the Development Code is exempt from CEQA under the general
rule in Section 15061(b)(3) of the CEQA Guidelines that there is no foreseeable physical effect
of the proposal that could cause a significant adverse impact on the environment. The proposed
amendment would direct a specific type of business activity to the downtown area, which would
not affect physical impacts of development under the existing Development Code.
BACKGROUND
. On June 1, 2009, the Community Development Commission accepted the Downtown
Core Vision and Action Plan, and directed the Economic Development Agency (EDA) to
proceed with the implementation measures contained in that plan.
. A key priority stated in the Downtown Core Vision and Action Plan is occupancy of the
downtown movie theater and development of the open area to the south to complement
the California Theater and the movie theater with restaurants and public space.
. In 2010, when a previous operator failed to perform, the EDA solicited proposals from
movie theater operators interested in occupying the downtown movie theater. Currently,
the EDA is negotiating a lease for Regal Entertainment Group to operate the theater.
. On January 21, 2011, the EDA issued a Request for Proposals (RFP) for architectural and
engineering services to design the downtown "Theater Square", including exterior
improvements to the movie theater and a site plan for development of ancillary uses.
. On February 9, 2011, the EDA submitted DCA No. 11-01, a proposal to amend the
Development Code to concentrate major movie theaters downtown.
DCA No. 11-01
PC Hearing Date: March 23. 2011
Page 3
ANALYSIS
The purpose of the proposed amendment is to enhance the environment for success of the
downtown movie theater, the California Theater, and existing and future ancillary uses in the
surrounding area, including Theater Square. Concentrating new multi-screen movie theaters in
the downtown area will attract private investment in food, beverage and retail uses that cater to
movie-goers, and will remove the risk of losing those ancillary uses to venues that may open in
other areas. This approach to grouping movie theaters into an overlay district has been utilized in
other cities, including Petaluma and Hesperia. The proposed amendment would promote the
stated objectives of the Main Street Overlay District (Attachment C), which include:
. General pride and confidence in the downtown area.
. Create an attractive environment which is active throughout the day and evening.
. Encourage pedestrian activity by creating a positive pedestrian experience.
Currently, movie theaters are classified in Table 06.01 under the category of "Auditoriums,
Conventions Halls and Theaters", which are permitted subject to a Conditional Use Permit in
every commercial land use district except the Auto Plaza (CR-4) district. The proposed
amendment would make "Movie Theater" a separate use with specific location criteria based on
the number of screens. New major theaters with four or more screens would be permitted only in
the Main Street Overlay District. The proposed amendment would not affect existing regulations
for smaller neighborhood theaters with three screens or less, and would only apply to new
theaters. Existing movie theaters would be conforming uses, not subject to non-conforming use
regulations in Chapter 19.62 of the Development Code.
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide for concentration of new
movie theaters with four or more screens in the downtown Main Street Overlay District,
to enhance activity levels downtown, consistent with the following General Plan goals
and policies:
Goal 4.14: "Enhance, maintain, and develop recreational, cultural, entertainment , and
educational facilities within the City."
Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g.
theaters and restaurants)."
Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in
downtown San Bernardino, including expanding convention facilities, hotels, restaurants,
theaters and similar uses."
DCA No. 11-01
PC Hearing Date: March 23, 2011
Page 4
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic infill of new development and revitalization of existing development".
Policy 2.1.3: "Encourage future development to provide public spaces that foster social
interaction."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment would promote revitalization and economic development
around existing theaters in the downtown area by directing development of new multi-
screen movie theaters to the same area. This requirement would promote the maximum
synergy for compatible land uses, such as food and beverage sales, which would enhance
the experience of visiting downtown in the evening. Maintaining and increasing the level
of activity downtown in the evening will enhance the comfort and security of pedestrians
and patrons of downtown businesses. Therefore, the proposed Development Code
Amendment serves the public interest and convenience and would not be detrimental to
public health, safety, or general welfare.
CONCLUSION
The purpose and the provisions of the proposed Development Code Amendment satisfy all
Findings of Fact required for approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-01 to the Mayor and Common Council, based on the Findings of Fact
contained in the Staff Report.
Respectfully Submitted,
7/
Terri Rahhal, AICP
City Planner
DCA No. 11-01
PC Hearing Date: March 23, 2011
Page 5
Approved for Distribution: /
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M. Margo Wheeler, AICP
Community Development Director
Attachment A
Attachment B
Attachment C
Proposed Amendment of Table 06.01
Main Street Overlay District Map
Main Street Overlay District, Development Code Chapter 19.19
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ATTACHMENT B: MAIN STREET OVERLAY DISTRICT
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DCA 11-01
MAIN STREET OVERLAY DISTRICT MAP
HEARING DATE: MARCH 23, 2011
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NORTH
9TH IT
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ATTACHMENT C
CHAPTER 19.19
MS (MAIN STREET OVERLAY) DISTRICT
Section
~
19.19.010
19.19.020
19.19.030
19.19.040
Purpose ......... .......... .... .................... ............... ............... ........... ................................ II - 259
Applicability. ....... .............................. ........ ...... ............. ....................... .................... II -259
Permitted and Conditionally Permitted Uses......................................................... 11-260
Development Standards.......................................................................................... II - 260
Guidelines
G 19.19.050 Design Guidelines for Rehabilitation and Infill Development
19.19.010 PURPOSE
The purpose of this overlay district is to provide a comprehensive set of development standards to
be applied within the City's downtown area. These standards are provided for the continuance and
enhancement of the historic downtown area as the functional and symbolic center of the City.
This District is established in order to achieve the following objectives for the City's downtown:
1. General pride and confidence in the downtown area.
2. Create an attractive environment which is active throughout the day and evening.
3. Maintain a consistently high level of design quality.
4. Encourage pedestrian activity by creating a positive pedestrian experience.
5. Protect property values through quality control.
19.19.020 APPLICABILITY
This District is an area bounded by the north property line of the parcels on the north side of 8th
Street on the north, the centerline of Rialto Avenue on the south, east right-of-way ofI-215 on the
west, and the east property line of parcels fronting on the east side of Sierra Way on the east.
The standards contained in this section apply to all uses and structures within this District and are in
addition to those of the underlying land use district. In addition, the commercial design guidelines
(Section GI9.06) also apply as design guidelines to projects within this District where applicable.
Further, the "Main Street Design Guidelines Manual" provides additional guidance for developers
of projects within this District. The manual must be consulted by project proponents prior to
submitting development plans for review. If there is inconsistency between the requirements of this
Development Code and the Main Street Design Guidelines Manual, these Development Code
requirements shall prevail.
11-259
MS DISTRICT - 19.19
19.19.030 PERMITTED AND CONDITIONALLY PERMITTED USES
Uses permitted or conditionally permitted within this District shall be the same as those for the
underlying land use district.
19.19.040 DEVELOPMENT STANDARDS
1. SETBACKS
A. The first 2 floors of any building in the Main Street Area must be built at the
property line or provide a hardscaped plaza (for up to 50% of building face) between
the building face and the front property line. If it can be demonstrated by the project
proponent that the above confIguration causes undo hardship due to "special
circumstances", the City may require that only 50% of the building face be located
on the front property line.
B. Pedestal buildings (buildings with the first floor set back from the front property line
while upper floors project out to the front property line) are prohibited.
C. Awnings, trellises and other accessory building structures which are relatively open
and do not restrict pedestrian or vehicular movement may project into the front
right-of-way. Permanent building canopies are not included in this category.
Majority Of Building
Wall Located On
Front Property Line.
Up To 50-. Of Major
Building Facade
May Be Set Back
From The Property
Line.
Plaza Area Created
In TIle Building's
Setback Area.
D. Any building located at a comer intersection shall incorporate architectural features
at the ground floor which emphasize the importance of pedestrian movement.
These features may include building cut-offs, walk-through covered arcades, trellis
structures, and other elements which focus visual interest on the comers.
II -260
MS DISTRICT - 19.19
E. Where appropriate, new buildings must set back their comers at intersections to
create pedestrian plazas as well as improve visual sight lines for vehicles. The
comer setback minimum dimension shall be 10' from the comer. (See graphic)
Clip Back Building Corner
Provide Interesting Alley
Design Between Buildings.
Tower Feature Permitted At
Corner.
No Setbacks Are Required At
Front Property Lines.
Pedestrian Cutoff At Corner.
BUILDING CORNER TREATMENTS
2. PARKING ORIENTATION
A. Parking lots and structures shall be located as much as possible to the rear of
buildings.
B. Locating parking lots between the front property line and the primary building
storefront/entry is specifically prohibited.
C. Vehicular entry points to parking lots shall receive special paving accents where the
drive crosses the public sidewalk.
D. Off-street parking facilities shall be designed so that a car within a facility will not
have to enter a street to move from one location to any other location within the
same parking facility.
II-261
MS DISTRICT - 19.19
arJIl
LOCATE PARKING
AT REAR OF SU/WINGS
3. PLAZA PROVISIONS
Front setbacks are allowed at the ground level if the area is designed as a pedestrian plaza.
To qualify as a pedestrian plaza, the following minimums shall be incorporated into its
design.
A. Minimum size: 10' deep and the width of the entire building storefront or 650 sq. ft.
B. Paving: A minimum of 80% of the area shall be paved in a decorative paver or
textured, colored concrete. Asphalt paving is prohibited as a plaza paving material.
C. Landscaping: Landscaping is required pursuant to Chapter 19.28.
D. Walls: An optional low wall (max. 30 inches high) which allows people to sit on it,
may be located on the property line for restaurants or other uses utilizing the plaza
for active retailing or other entertainment use. The wall may not extend for more
than 80% of the building frontage.
4. STREETSCAPE IMPROVEMENTS
Developers of new projects or rehabilitation projects with a value above 50% of the current
assessed value of the property are required to reimburse the City for streetscape
improvements made within the public right-of-way adjacent to their property. Said projects
shall be assessed a fee based on the number of lineal feet of street frontage of the project.
The fee shall be assessed in accordance with the fee schedule established by resolution of
the Mayor and Council and filed in the office of the City Clerk.
11-262
MS DISTRICT - 19.19
5. ARCIDTECTURAL DESIGN (GENERAL)
A. Storefront construction shall be minimum of 60% transparent with a maximum of
85% transparency.
B. Upper story street wall construction shall be a minimum of 35% transparent.
C. Blank, solid end walls or side walls visible from public view shall be avoided. If
such walls are necessary for interior reasons, the structure wall shall receive some
form of articulation or "add-on" elements such as awnings, cornice bands, etc.
D. The facades of adjacent structures shall be considered in the design of new projects
to avoid clashes in architectural style and materials.
E. Acceptable Materials:
Building Walls
. clear glass, glass block
. concrete or plaster (lightly troweled or sand finish)
. cast iron
. new or used face-brick, terra-cotta
. cut or carved stone
. baked enamel metal panels
. clapboard where appropriate (limited)
. ceramic tile
Roofs (where visible)
. flat concrete or clay tiles
. slate or slate appearing substitutes
. standing seam metal roofs (not batten)
. class "a" composition shingles
F ences/W alls/Gates
. concrete or plaster with smooth or lightly textured surface
. wrought iron
. split face block
. new or used face brick, cut or carved stone
F. Prohibited materials:
Building Walls
. highly reflective glass
. imitation stone or flagstone parquet
. imitation masonry of any kind
. corrugated fiberglass
. imitation wood siding
11-263
MS DISTRICT - 19.19
. coarsely finished, "rough-sawn" or rustic materials such as wood shakes,
shingles, barnwood, board and batten, and rough-sawn
. poorly-crafted or rustic wood-working and finishing techniques
. "antiqued" or imitation old brick
. mottled or light-colored variegated brick, oversize brick and white brick mortar
. astro-turf
. materials with a glossy or reflective fInish such as glass or polished marble
should not be used as the dominant facade material.
Roofs (where visible)
. crushed stone
. exposed corrugated metal or plastic
. cedar shake
. brightly colored tile (orange, blue, etc.)
F ences/W alls/Gates
. concrete block, whether colored or unfinished
. chain link or "cyclone" fences
. rough sawn or natural wood
. split rail
6. CANOPIES AND AWNINGS
A. Canopies and awnings must respect the style and character of the structure on which
they are located, particularly in the material and color.
B. The highest point of a canopy or its superstructure shall not be higher than the
midpoint of the space between the second story window sills and the top of the fIrst
floor storefront window, awning, canopy, or transom. The purpose of this
requirement is to leave a comfortable space between the top of the canopy and the
windows, trim, and other architectural elements.
C. Canopies are encouraged to shelter all openings of each building from sun and rain
at the bottom floor. Awnings are allowed on upper floors.
D. The minimum height of a canopy or a sign hung from a canopy shall be 8 feet from
the lowest point to the sidewalk.
11-264
MS DISTRICT - 19.19
~~
Shed .Awning At Lower Level
Is Consistent With Rect:illnear
Building Form.
Eno>uraged
A..mIng In Scale
With Facade.
Encouraged.
7. DOORS AND WINDOWS
Round Awning At Lower
Level Is Not Consistent
With Rectilinear
Building Fonn-
I)Iscouraged
Awning Dominates
Facade.
Discouraged
A. The design and location of doors and windows must consider the architectural
tradition of the historic downtown area. Use simple wood and glass doors and
windows of traditional design. If aluminum is used, it shall be simple in design with
a dark anodized or baked enamel fInish.
B. Only clear glass (88% light transmission) may be used on the fIrst floor. Tinted
glass allowing a minimum of 50% light transmission will be considered only for use
in second floor windows and above and on an individual case basis. The use of
reflective glass is prohibited on the fIrst three floors (or equivalent).
C. Storefront windows must be as large as possible while maintaining height standards
for bulkheads. Maximum bulkhead heights for new construction shall be 42 inches.
Minimum bulkhead heights shall be 24 inches. Existing buildings are encouraged
to retrofIt within height range.
D. Replacement windows must always fIll the entire opening and duplicate the original
patterns.
E. Security grilles, either fIxed or sliding, are prohibited on the exterior of doors and
windows on the fronts or sides of structures adjacent to streets. If such security
systems are justifIed, they must be placed on the interior of the building, a minimum
of 24 inches behind windows and doors. Security grilles are prohibited by the
California Code of Regulations for Title 19 occupancies, such as: mental hospitals,
hospitals, homes for the aged, children's homes or institutions, schools; and any
theater, dance hall, skating rink, auditorium, assembly hall, meeting hall, night club,
fair building, or similar place of assemblage where 50 or more persons may gather
together.
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MS DISTRICT - 19.19
ORIGINAL WINDOW
UNACCEPTABLE
UNACCEPTABLE
8. LIGHTING
A. Lighting is an integral part of the downtown design concept and a major element in
creating a unique, safe, and exciting night-time ambiance. All exterior lighting shall
be designed as part of the overall architectural concept. Fixtures, standards and all
exposed accessories shall be harmonious with the building design, the lighting
design and hardware of the public spaces, and the overall visual environment of the
downtown. Obtrusive appearance of their setting should be avoided.
B. Night lighting of buildings shall be selective and focused; overall ambient lighting
of buildings is not desirable. Rather, lighting should highlight entrances, dramatize
special architectural features, keynote repeated features, and use the play of light and
shadow to articulate the facade. The creative use of lighting to accomplish these
ends is strongly encouraged. The lighting of signs themselves will playa significant
role in the nighttime visual environment.
C. For safety, identification and convenience, entrances of buildings and parking areas
shall be well illuminated.
D. Vestibules crated by recessed entries shall be illuminated by downlights.
E. All show window areas shall be adequately lighted employing concealed or baftled
sources which will not create glare or uncomfortable visual conditions for
pedestrians.
11-266