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HomeMy WebLinkAbout10-Community Development x ORIGINAL CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: Final adoption of an Ordinance to amend Table 06.01, List of Permitted Uses, Dept: Community Development in Chapter 19.06 of the Development Code, Commercial Districts, to permit movie Date: June 28, 2011 theaters of four or more screens subject to a Conditional Use Permit in the downtown Main Street Overlay District. (DCA 11-01) MCC Date: July 5, 2011 Synopsis of Previous Council Action: 5/02/2011 — Item scheduled for public hearing, continued without hearing to 5/16/2011. 5/16/2011 — Item was continued without hearing to 6/20/2011. 6/20/2011 — Mayor and Common Council heard the item, closed the public hearing, and laid the Ordinance over for final adoption. Recommended Motion: 1 That the Ordinance be adopted % M. Margo Wheeler, AICP Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: � ,1 Agenda Item No. 6-7-05-190// Addif�Ma/ �6k-ap i i CITY OF SAN BERNARDINO--REQUEST FOR COUNCIL ACTION STAFF REPORT i i 4 Subject: Final adoption of 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: A public hearing of this item was scheduled for May 2, 2011. The item was continued without hearing twice, and a public hearing was conducted on June 20, 2011. The staff report was distributed with the May 2, 2011 agenda. The subject Ordinance is proposed as a Development Code Amendment(DCA 11-01)to permit movie theaters with four or more screens subject to a Conditional Use Permit (CUP) in the downtown Main Street Overlay District. The current provisions of the Development Code and the proposed amendments are described in the May 2, 2011 staff report. The Ordinance would apply only to new movie theater proposals. Movie theaters with three screens or less would still be permitted subject to a CUP in any commercial land use district. The subject Ordinance would note preclude expansion of existing movie theaters,nor would it affect vested rights under an existing development agreement. The subject Ordinance was distributed for review on June 20, 2011. The City Attorney declined to sign the Ordinance due to concerns stated about the City's negotiation with a potential operator of the downtown movie theater complex. On June 20, 2011, the Council considered the proposed Ordinance and voted to approve DCA I 1-0 1 and lay the Ordinance over for final adoption. The vote was 4—2,with Council members Marquez, Brinker, Shorett and Johnson voting in favor; and Council members Kelley and McCammack opposed. Recommendation: That the Ordinance be adopted. -,a c.n 2 ORDINANCE NO. COPY 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TABLE 06.01, LIST OF PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO 5 MUNICIPAL CODE (DEVELOPMENT CODE), COMMERCIAL DISTRICTS, TO PERMIT MOVIE THEATERS OF FOUR OR MORE SCREENS SUBJECT TO A CONDITIONAL USE 6 PERMIT IN THE DOWNTOWN MAIN STREET OVERLAY DISTRICT. 7 8 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 9 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the 10 power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the 11 restrictions and limitations provided in the Charter or by State law; and 12 WHEREAS, on June 1, 2009, the Mayor and Common Council adopted Resolution No. 2009- 13 143 to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to 14 guide future development and revitalization of Downtown San Bernardino; and 15 WHEREAS, by Resolution No. 2009-143, the Mayor and Common Council also directed staff to 16 proceed with implementation of the Downtown Core Vision/Action Plan; and 17 WHEREAS, one of the key initiatives of the Downtown Core Vision/Action Plan is creation of 18 an entertainment district anchored by the California Theater and the downtown cinema; and 19 WHEREAS, amendment of Table 06.01 of the Development Code to permit movie theaters of 20 four or more screens subject to a conditional use permit in the Main Street Overlay District in 21 Downtown San Bernardino will facilitate implementation of the Downtown Core Vision/Action Plan; 22 23 NOW,THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 24 BERNARDINO DO ORDAIN AS FOLLOWS: 25 SECTION 1. Chapter 19.06, Commercial Districts, Table 06.01, List of Permitted Uses, is 26 amended as shown in Attachment 1 attached hereto and incorporated herein by reference. 27 28 II 1 SECTION 2. Findings of Fact: I' 2 3 A. The Ordinance amending the Development Code is consistent with the General Plan of 4 the City of San Bernardino. The Ordinance will amend the Development Code to provide for 5 concentration of new movie theaters with four or more screens in the downtown Main Street Overlay 6 District, to enhance activity levels downtown, consistent with the following General Plan goals and policies: 7 Goal 4.14: `Enhance, maintain, and develop recreational, cultural, entertainment , and s educational facilities within the City." 9 Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g. theaters and 10 restaurants)." 11 Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in downtown 12 San Bernardino, including expanding convention facilities, hotels, restaurants, theaters and 13 similar uses." 14 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill 15 of new development and revitalization of existing development". 16 Policy 2.1.3: `Encourage future development to provide public spaces that foster social 17 interaction." 18 19 B. The Ordinance amending the Development Code will not be detrimental to the public 20 interest, health, safety, convenience or welfare of the City, because it will promote revitalization and 21 economic development around existing theaters in the downtown area by directing development of new 22 multi-screen movie theaters of four or more screens to the downtown area, within the Main Street 23 Overlay District defined in Chapter 19.19 of the Development Code. The Ordinance will promote the 24 maximum synergy for compatible land uses, such as food and beverage sales, which will enhance the 25 experience of visiting downtown for entertainment in the evening. Maintaining and increasing the level 26 of activity downtown in the daytime and evening hours will enhance the comfort and security of 27 pedestrians and patrons of downtown businesses. Therefore, the Ordinance amending the Development 2s Code serves the public interest and convenience and would not be detrimental to public health, safety or general welfare. 1 2 SECTION 3. California Environmental Quality Act: The Mayor and Common Council finds 3 that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 4 Section 15061(b)(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not 5 result in a direct or reasonably foreseeable indirect physical change in the environment. 6 SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the 7 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 8 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 9 and Section 40(z) of the Charter of the City of San Bernardino. 10 11 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 12 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 13 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 14 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 15 declares that it would have adopted each section irrespective of the fact that any one or more 16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 17 18 19 20 21 22 23 24 25 26 27 28 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TABLE 06.01, LIST 2 OF PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), COMMERCIAL DISTRICTS, TO PERMIT MOVIE 3 THEATERS OF FOUR OR MORE SCREENS SUBJECT TO A CONDITIONAL USE PERMIT IN THE DOWNTOWN MAIN STREET OVERLAY DISTRICT. 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 on the day 7 of , 2011, by the following vote to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 19 20 Rachel Clark, City Clerk 21 The foregoing Ordinance is hereby approved this day of , 2011. 22 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to form: 26 JAMES F. PENMAN 27 City Attorney 28 ' ATTACHMENT 1 UN ; U ; UIQU A U 0 � N U — ; U ; UTAU A U a� U u ; UTAU A b U ; ; ; ; ; ; ; ; ; ; ; ; ; ; Cc U i u UIQU A R a� 0 U N V�UTA U A .7�L u U � ; UVjUIQU Q 0 � o a� U ; U ; UIQ U Q o UM ; U ; UTAU A O en a r' U SUN ; U ; UIQU A ; A ; UUUA io W U � ; UVlulAU A Q ; AUUUUQ p � �I Y n� �1 � z OU N U U�UTA U Q ; ; Q ; U U U A U a � - ; UVJUIQU Q q ; gUUUUA 0 0 o o, U ; U ; UTA U A U rA o v G a�i co w 0 W Q - b G 3 cn0 b ' b .o qq o 0 0 U v cd tj t cd y V SUS tz cz U U) O fl '� U Z O s." cC N y N N O F on-- ° •� F F °� ° .� a� a� bp a> ° U ti O O W 0 U , E � o o 0 a o t n U � Q o p o N a� A W U Qw° cpa cvri � vi �o Gz, U aU o ciri � vi � � oo CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: M. Margo Wheeler, Director Subject: An Ordinance to amend Table 06.01, List of Permitted Uses, in Chapter 19.06 of the Dept: Community Development Development Code, Commercial Districts, to permit movie theaters of four or more screens Date: April 18, 2011 subject to a Conditional Use Permit in the downtown Main Street Overlay District (DCA 11-01). 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. 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: o • s ll $1 .23 • �o /l 31 Agenda Item No. O 7-S 20/l 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 Planning Commission Statement of Action and 3/23/11 Staff Report Exhibit 2 Ordinance 2 EXHIBIT 1 = - CITY OF SAN BERNARDINO o � 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: Calero, Coute, Eble,Machen,Rawls and Sauerbrun Nays: None Abstain: Durr and Mulvihill Absent: 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. M. Margo Wheeler, Community Development Director Date cc: Case File, Department File PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 11-01 AGENDA ITEM: 4 HEARING DATE: March 23, 2011 WARD: Citywide APPLICANT: City of San Bernardino Economic Development Agency 201 North"E" Street, Ste. 301 San Bernardino, CA 92401 909-663-1044 REQUEST/LOCATION: 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. CONSTRAINTS/OVERLAYS: Not Applicable ENVIRONMENTAL FINDINGS: 0 Exempt from CEQA, Section 15061(b)(3)—No Possible Significant Impact ❑ Mitigation Measures and Mitigation Monitoring/Reporting Program ❑ Environmental Impact Report STAFF RECOMMENDATION: 0 Approval Recommendation to Mayor and Council ❑ Conditions ❑ Denial ❑ 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 §19.42.030 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, Terri Rahhal, AICP City Planner DCA No. 11-01 PC Hearing Date:March 23,2011 Page S Approved for Distribution: M. Margo Wheeler, AICP Community Development Director Attachment A Proposed Amendment of Table 06.01 Attachment B Main Street Overlay District Map Attachment C Main Street Overlay District, Development Code Chapter 19.19 ATTACHMENT A U N i U UIQ U o U i U Ulm U ❑ , , i i i i z u UI❑ U ❑ ; U p Uv UM : U UI❑ U C) ❑ 1 A UN u, PC ❑ UA UUA 04 U U�UI❑ U ❑ q U , U � U UI❑ U ❑ ❑ i A v N UM U UI❑ U ❑ ❑ i A o �Ur SUN U UIQU ❑ i Q UUU A N F� •Q.W A QO U��UI❑ U C) ❑ ; AUUUVA �; y O N i U UI UI❑ U ❑ i i A i U U U A ti�' U hFN+yl 0 O PW+ Or» UVjUI❑ U ❑ A AUUUUA , z H c U UTA U A U vs ,, .20 E, °° 0 o. x Y .O .o rs A oc0O8w � ; :� it Qft cn 6 L. 00 =1 U ar ar v, o, r� c`ai w o ; '" c'� 0 a"i a� 0 C7 a�i 0 o ` o b 10 -0 — v, to U '�.° �D U .� Cc a � w � ° a o o o � U GUWxx0P4rnrn z w U U H o -� CAM "t - �o � oo u� U � a��� ATTACHMENT B: MAIN STREET OVERLAY DISTRICT FSAN BERNARDINO NG DIVISION T: DCA 11-01 TREET OVERLAY DISTRICT MAP NORTH G DATE: MARCH 23, 2011 NII �IIIIIUI �x It111111�1IN1111 W2011111 oil . l IUtillil � 9 TH ST 11 W) ,RMH-2 1:. w r 5 k AL Aii, RMH -OF '-' rM 1 2 mm EIRM rT OC W ti r C� i ■ MCC RMH Iil�i III181�i Copy ALL 10 AVE - CH -� -� � i �i ....r ATTACHMENT C CHAPTER 19.19 MS (MAIN STREET OVERLA) ) DISTRICT Section Page 19.19.010 Purpose.................................................................................................................... U-259 19.19.020 Applicability............................................................................................................ H-259 19.19.030 Permitted and Conditionally Permitted Uses......................................................... 11-260 19.19.040 Development Standards.......................................................................................... II-260 Guidelines G19.19.050 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 of I-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 G19.06) 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. II-259 40 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. Plaza Area Created In The Building's Setback Area. Majority Of Building Wall Located On Front Property Line. Up To 50% Of Major \\ Building Facade \ May Be Set Back From The Property Line_ D. Any building located at a corner 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 corners. II-260 MS DISTRICT - 19.19 E. Where appropriate, new buildings must set back their corners at intersections to create pedestrian plazas as well as improve visual sight lines for vehicles. The corner setback minimum dimension shall be 10' from the corner. (See graphic) Tower Feature Permitted At Corner. Clip Back Building Corner Provide Interesting Alley Design Between Buildings. 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 SPECIAL ACCENT PAVING it t ILJ \ '1 LOCATE PARKING AT REAR Of BUILDINGS 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. II-262 MS DISTRICT - 19.19 5. ARCHITECTURAL 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 Fences/Walls/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 II-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.) Fences/Walls/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. II-264 MS DISTRICT - 19.19 Shed Awning At Lower Level Round Awning At Lower Is Consistent With Rectilinear Level Is Not Consistent Building Fong With Rectilinear Building Form. Fnmuraged DLUoumged I Awning In Scale Awnin Dominates With Facade- Facadeg Encouraged Discouraged 7. DOORS AND WINDOWS 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. II-265 MS DISTRICT - 19.19 Co r. fr 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 play a 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 baffled sources which will not create glare or uncomfortable visual conditions for pedestrians. II-266 all. 000000owmi- i ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TABLE 06.01, LIST OF PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO 3 MUNICIPAL CODE (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. The Mayor and Common Council of the City of San Bernardino do ordain as follows: K WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the 9 power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the 10 restrictions and limitations provided in the Charter or by State law; and I 1 WHEREAS, on June 1, 2009, the Mayor and Common Council adopted Resolution No. 2009- 12 143 to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to 13 guide future development and revitalization of Downtown San Bernardino; and 14 WHEREAS, by Resolution No. 2009-143, the Mayor and Common Council also directed staff to Is proceed with implementation of the Downtown Core Vision/Action Plan; and 16 WHEREAS, on June 1, 2009 the Mayor and Common Council adopted Resolution No. 2009-143 17 to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to guide 18 future development and revitalization of Downtown San Bernardino; and 19 WHEREAS, one of the key initiatives of the Downtown Core Vision/Action Plan is creation of 2() an entertainment district anchored by the California Theater and the downtown cinema; and 1 WHEREAS, amendment of Table 06.01 of the Development Code to permit movie theaters of 22 four or more screens subject to a conditional use permit in the Main Street Overlay District in the Dmmtown San Bernardino will facilitate implementation of the Downtown Core Vision/Action Plan; 24 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2s BERNARDINO DO ORDAIN AS FOLLOWS: 26 ,7 SECTION 1. Chapter 19.06, Commercial Districts, Table 06.01, List of Permitted Uses, is 28 amended as shown in Attachment 1 attached hereto and incorporated herein by reference. i i SECTION 2. Findings of Fact: 3 A. The Ordinance amending the Development Code is consistent with the General Plan of 4 the City of San Bernardino. The Ordinance will amend the Development Code to provide for s concentration of new movie theaters with four or more screens in the downtown Main Street Overlay 6 District, to enhance activity levels downtown, consistent with the following General Plan goals and policies: 7 Goal 4.14: "Enhance, maintain, and develop recreational, cultural, entertainment , and x educational facilities within the City." 9 Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g. theaters and Iu restaurants)." II Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in downtown 12 San Bernardino, including expanding convention facilities, hotels, restaurants, theaters and 13 similar uses." 14 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill I� of new development and revitalization of existing development". 16 Policy 2.1.3: "Encourage future development to provide public spaces that foster social 17 interaction." 18 19 B. The Ordinance amending the Development Code will not be detrimental to the public 20 interest, health, safety, convenience or welfare of the City, because it will promote revitalization and ,1 economic development around existing theaters in the downtown area by directing development of new 22 multi-screen movie theaters of four or more screens to the downtown area, within the Main Street Overlay District defined in Chapter 19.19 of the Development Code. The Ordinance will promote the 21 maximum synergy for compatible land uses, such as food and beverage sales, which will enhance the 25 experience of visiting downtown for entertainment in the evening. Maintaining and increasing the level 26 of activity downtown in the daytime and evening hours will enhance the comfort and security of 27 pedestrians and patrons of downtown businesses. Therefore, the Ordinance amending the Development Code serves the public interest and convenience and would not be detrimental to public health, safety or 28 general welfare. I I 2 SECTION 3. California Environmental Quality Act: The Mayor and Common Council finds 3 that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 3 Section 15061(b)(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not 5 result in a direct or reasonably foreseeable indirect physical change in the environment. 6 SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 8 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 9 and Section 40(z)of the Charter of the City of San Bernardino. 10 t 1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 12 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 13 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 14 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 15 declares that it would have adopted each section irrespective of the fact that any one or more 16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 17 18 19 20 ,1 22 23 '3 16 ,K AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TABLE 06.01, LIST OF PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), COMMERCIAL DISTRICTS, TO PERMIT MOVIE 3 THEATERS OF FOUR OR MORE SCREENS SUBJECT TO A CONDITIONAL USE PERMIT IN THE DOWNTOWN MAIN STREET OVERLAY DISTRICT. 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 on the day 7 of , 2011, by the following vote to wit: x Council Members: AYES NAYS ABSTAIN ABSENT 1 o MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT ld 15 KELLEY 16 JOHNSON 17 MC CAMMACK is 19 20 Rachel Clark, City Clerk 1 The foregoing Ordinance is hereby approved this day of 2011. ,4 PATRICK J. MORRIS, Mayor ,; Approved as to form: City of San Bernardino 26 JAMES F. PENMAN 27 City Attorney 78 ATTACHMENT 1 UN 0 U ; UIqu cq o Ulm U p > x � UU ; Ulmu p a� a •- a� U ``' ; U ; Ulm U 0 ; 2 ; D a u r o UjUICa U p ; u 0 ; ; U U p a 0 U � ; U ; UI p U p U �p O N u M ; U ; Ulm U p 0 en U V cy �U+ U ; U ; Ul p U p 1 i q i U U U Q rG WU � ; UUIulaU p 0 ; nuuu. m _oc co u Vl(. 2 p ; ; p ; Uuup cn � 0 .. ; uUI Ulm u o q 000UULI N M O y O � � H U � ; U ; CA U p U .5 o b � c v E � = w � 05 a > L. "a C� O O GJ C y y .� q q O LL. «- o cJ � +�' .4: G •«- vVi vui O ate+ � U y C a� � y d' '� a�°•y a�i � M ty.. = 6, •fl N O 4r 'a:- Q N U ..- Vl t.J co U L L O •% tO,., y .tom" O tom,. w ..+ :.... ... U CIRr L CQ to 0 j n: :° aSi •S y a, O o cl d .° ti a� n F" U S oo c o E F F Q c g o U o N� ° W c U ° e c ar : .S o •b O o a� a[i o cn ° O •c� rA c � q Q w U y �. ca cv ri vi o c:. U is C, °� ``" `^ U n .r3 O —� N M vi �O t� oo y y U �— v .a w a' Ll. V r •o r z rn 1 2 ORDINANCE NO. 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TABLE 06.01, LIST OF PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO 5 MUNICIPAL CODE (DEVELOPMENT CODE), COMMERCIAL DISTRICTS, TO PERMIT MOVIE THEATERS OF FOUR OR MORE SCREENS SUBJECT TO A CONDITIONAL USE 6 PERMIT IN THE DOWNTOWN MAIN STREET OVERLAY DISTRICT. 7 s The Mayor and Common Council of the City of San Bernardino do ordain as follows: 9 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the 10 power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the 1 t restrictions and limitations provided in the Charter or by State law; and 12 WHEREAS, on June 1, 2009, the Mayor and Common Council adopted Resolution No. 2009- 13 143 to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to 14 guide future development and revitalization of Downtown San Bernardino; and 15 WHEREAS, by Resolution No. 2009-143, the Mayor and Common Council also directed staff to 16 proceed with implementation of the Downtown Core Vision/Action Plan; and 17 WHEREAS, one of the key initiatives of the Downtown Core Vision/Action Plan is creation of 18 an entertainment district anchored by the California Theater and the downtown cinema; and 19 WHEREAS, amendment of Table 06.01 of the Development Code to permit movie theaters of 20 four or more screens subject to a conditional use permit in the Main Street Overlay District in 21 Downtown San Bernardino will facilitate implementation of the Downtown Core Vision/Action Plan; 22 23 NOW, THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 24 BERNARDINO DO ORDAIN AS FOLLOWS: 25 SECTION 1. Chapter 19.06, Commercial Districts, Table 06.01, List of Permitted Uses, is 26 amended as shown in Attachment 1 attached hereto and incorporated herein by reference. 27 28 X16 d�—C15-01,101/ 1 SECTION 2. Findings of Fact: 2 3 A. The Ordinance amending the Development Code is consistent with the General Plan of 4 the City of San Bernardino. The Ordinance will amend the Development Code to provide for 5 concentration of new movie theaters with four or more screens in the downtown Main Street Overlay 6 District, to enhance activity levels downtown, consistent with the following General Plan goals and policies: 7 Goal 4.14: "Enhance, maintain, and develop recreational, cultural, entertainment , and 8 educational facilities within the City." 9 Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g. theaters and 10 restaurants)." 11 Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in downtown 12 San Bernardino, including expanding convention facilities, hotels, restaurants, theaters and 13 similar uses." 14 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill 15 of new development and revitalization of existing development". 16 Polio: "Encourage future development to provide public spaces that foster social 17 interaction." 18 19 B. The Ordinance amending the Development Code will not be detrimental to the public 20 interest, health, safety, convenience or welfare of the City, because it will promote revitalization and 21 economic development around existing theaters in the downtown area by directing development of new 22 multi-screen movie theaters of four or more screens to the downtown area, within the Main Street 23 Overlay District defined in Chapter 19.19 of the Development Code. The Ordinance will promote the 24 maximum synergy for compatible land uses, such as food and beverage sales, which will enhance the 25 experience of visiting downtown for entertainment in the evening. Maintaining and increasing the level 26 of activity downtown in the daytime and evening hours will enhance the comfort and security of 27 pedestrians and patrons of downtown businesses. Therefore, the Ordinance amending the Development 28 Code serves the public interest and convenience and would not be detrimental to public health, safety or general welfare. 1 2 SECTION 3. California Environmental Quality Act: The Mayor and Common Council finds 3 that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 4 Section 15061(b)(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not 5 result in a direct or reasonably foreseeable indirect physical change in the environment. 6 7 SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 8 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 9 and Section 40(z) of the Charter of the City of San Bernardino. 10 11 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 12 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 13 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 14 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 15 declares that it would have adopted each section irrespective of the fact that any one or more 16 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 17 18 19 20 21 22 23 24 25 26 27 28 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TABLE 06.01, LIST 2 OF PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), COMMERCIAL DISTRICTS, TO PERMIT MOVIE 3 THEATERS OF FOUR OR MORE SCREENS SUBJECT TO A CONDITIONAL USE PERMIT IN THE DOWNTOWN MAIN STREET OVERLAY DISTRICT. 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 on the day 7 of , 2011, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 VACANT 12 BRINKER 13 SHORETT 14 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 Rachel Clark, City Clerk 21 The foregoing Ordinance is hereby approved this day of 12011. 22 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to form: 26 JAMES F. PENMAN 27 City Attorney 28 ' •, ATTACHMENT 1 U N i U i UTA U A O V1 N U i U i UTA U A U � U U U i UTA U A Qctj -o U U M i U i UTA U A i i A i i i A a� UN UVjUTAU A ; UA i i UUQ U � f UQIUTAU A 0 U � o i U i UTAU A A ; ; ; A � o U M i U : UTA U A i i A i i i i A U O M � U un U N i U i UTA U A i i A i U U U A iNiyy 9z U R W N O W U — 1 UUIUTAU A A i AUUUU A oo, F- � a ON UVjUTAU A f A UUUA U W a�i o 0 � U V � 1 UjUTA A U A A l AUUUU M = F+ u ; U ; UTAU A 0 >,x as 3 a o a 3 ° 4W. c`do cd ti H C m a�s ^- � 40. o=s o - n q F . a) N y 0 � W o b . . c� o 0 0 o 16 E5 u u O U a N y +� cl 0 v .: N N Ln Q O A W U a.42 � -: ri Ili -4 vi 1 w V a U o ci ri v vi �o 00 U o y