HomeMy WebLinkAbout05.E- Community Developmnt ORDINANCE(ID # 1469) DOC ID: 1469
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 01/23/2012
Prepared by: Aron Liang, (909) 384-5057
Dept: Community Development Ward(s): All
Subject:
An Ordinance Deleting Amendment MC 1356 and Amending Chapter 19.06, Table 06.01, List
of Permitted Uses, in Chapter 19.06 of the Municipal Code (Development Code),to Permit New
Movie Theaters Not Otherwise Exempted by a Development Agreement, with an Auditorium of
3,000 Sq. Ft. or Less and 200 or Fewer Seats, with No Limit of the Number of Screens in Any
Theater Complex(DCA 11-11). (FINAL READING)
Financial Impact:
None
Mayor to open the hearing. . .
No Action Taken
Motion 1: Close hearing and lay over Ordinance approving Development Code Amendment
No. 11-11 and Development Agreement No. 11-02 concurrently;
OR
Approved
Motion 2: Close hearing and lay over Ordinance approving Development Code Amendment
No. 11-11, adding the following language to the footnote of Table 06.01: "A
project with any single theater regardless of others with an. .
Svnonsis 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.
05/02/11 Mayor and Common Council approved Development Code Amendment (DCA) No.
11-01 (MC 1356)that amended 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.
01/09/12 Mayor and Common Council laid over Ordinance for final adoption.
Owner/Applicant: Representative:
San Bernardino Economic Development Lewis Brisbois Bisgaard& Smith LLC
Corporation 650 East Hospitality Lane, Suite 600
201 North"E" Street, Ste. 301 San Bernardino, CA 92408
Updated: 1/17/2012 by Mayra Ochiqui
1469
San Bernardino, CA 92401
Background:
The San Bernardino Economic Development Corporation (EDC) proposed Development Code
Amendment (DCA) No. 11-11 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 EDC 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 Downtown San Bernardino.
The proposed amendment will modify Chapter 19.06, Commercial Districts, Table 06.01, List of
Permitted facilitate the development of the cinema-plex project in the Downtown area and will
replace provisions for permitting movie theaters in certain areas of the city based on the number
of screens with a city-wide standard for new theater development. The new standard would apply
to new theaters not otherwise exempted by a prior development agreement, and would limit the
size of theater auditorium to 3,000 sq. ft. or less and 200 or fewer seats, with no limit on the
number of screens in any theater complex. A more detailed description and analysis of the
proposed DCA is attached in the December 14, 2011, Planning Commission Staff Report
(Exhibit 1).
The proposed DCA will allow for the stabilization of the renewed operations of the downtown
cinema-plex project and provide for the more orderly development of theater and commercial
projects in outlying City neighborhoods with limitations on the sizes of auditorium and seating
capacity that will enhance the local markets in these outlying neighborhoods. There currently
exists a significant void in the allocation of market shares for theater projects in the East Valley
for the concentric market areas radiating from the Downtown area. The proposed amendment
allows for greater flexibility in locating theaters outside of the downtown while still supporting
the creation of the downtown entertainment district.
Planning Commission Recommendation:
After a lengthy discussion, the Planning Commission recommended approval of DCA No. 11-11
and that the Mayor and Common Council adopt an Ordinance approving DCA No. 11-11 and
Development Agreement No. 11-02 concurrently on a vote of 8 - 1 at their meeting of December
14, 2011. C.m;..icoer. Eble, Conte, Durr, Heasley, Lopez, Machen, Mulvihill and Rawls
voted in support of the motion and Commissioner Jimenez voted against the motion.
The minutes of the Planning Commission Hearing December 14, 2011, are attached as Exhibit 2
for reference and are available from the City Clerk's office on CD for review.
Additionally, the disc containing the full recording of the December 14, 2011 Planning
Commission meeting is available to be picked up at the City Clerk's office or in the Community
Development Department for review.
California Environmental Quality Act(CEQA) Compliance:
Section 15061(6)(3) of the CEQA Guidelines states: "the activity is covered by the general rule
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Updated: 1/17/2012 by Mayra Ochiqui
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that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA."
The proposed amendment will not create any public health or safety hazards and will not have a
significant impact on the environment, such as water, sanitary services, roadways and
intersections, and school. The proposed Ordinance would delete the prior amendment approved
by Ordinance MC 1356 to limit the number of new movie theater screens permitted outside the
Main Street Overlay District and would be replaced with a limitation on new theater
development on a city-wide basis, affecting new theaters not otherwise exempted by a prior
development agreement to 3,000 sq. ft. or less, with 200 or fewer seats, and with no limit on the
number of screens in any theater complex. This amendment to the Municipal Code does not
entitle permanent alterations to land or the environment. Therefore, the Ordinance is exempt
from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines, because
no direct or reasonably foreseeable indirect physical change in the environment will result from
its adoption.
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 December 24, 2011.
Attachments:
Exhibit 1 Planning Commission Statement of Action and 12/14/11 Planning Commission
Staff Report
Exhibit 2 Draft Minutes of the Planning Commission Hearing 12/14/11 (full disc available;
see above)
Exhibit Proposed Ordinance approving Development Code Amendment No. 11-11 and
Development Agreement No. 11-02 concurrently
Exhibit 4 Option: Ordinance approving Development Code Amendment No. 11-I1
City Attorney Review:
Su000rtine Documents:
Exhibit 1 - 12.14.11 PLanning Commission Staff Report (PDF)
Exhibit 2 - 12.14.11 Minutes (DOC)
Exhibit 3 - Ordinance combine (DOC)
Exhibit 4- Ordinance (DOC)
Attachment 1 (PDF)
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Updated: 1/1712012 by Mayra Ochiqui
PLANNING COMMISSION STAFF REPORT
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CITY OF SAN BERNARDINO PLANNING DIVISION d
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CASE: Development Code Amendment No. 11-11
AGENDAITEM: 2
HEARING DATE: December 14,201 I
WARD: Citywide E
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APPLICANT: E
San Bernardino Economic Development Corporation
201 North"F" Street, Ste. 301 0
San Bernardino, CA 92401
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REQUEST/LOCATION: w
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A proposal to amend Section 19.06.020 of the Development Code to delete the prior amendment
approved by Ordinance MC 1356 to limit the number of new movie theater screens permitted
outside the Main Street Overlay District. 'Ibis prior amendment language would be replaced with
a limitation on new theater development on a city-wide basis, affecting new theaters not o
otherwise exempted by a prior development agreement to 3,000 sq. It. or less, with 200 or fewer
seats,and with no limit on the number of screens in any theater complex.
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CONSTRAINTS/OVERLAYS: 0
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Not Applicable E
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ENVIRONMENTAL FINDINGS: 'c
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0 Exempt from C EQA, Section 15061(b)(3)—No Possible Significant Impact a
❑ Mitigation Measures and Mitigation Monitoring/Reporting Program
❑ Environmental Impact Report N
STAFF RECOMMENDATION: a
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0 Approval Recommendation to Mayor and Council w
❑ Conditions c
❑ Denial E
❑ Continuance lo: u
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PC 11wring Dale.December 14.2011
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PROJECT DESCRIPTION w
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Development Code Amendment (DCA) No. I I-II is a proposal to change Chapter 19.06,
Commercial Districts,Table 06.01, List of Permitted Uses. This item is presented to the Planning d
Commission for a recommendation to be forwarded to the Mayor and Common Council, o
pursuant to Section 19.42.030 of the Development Code, Commission Action on Amendments.
The proposed amendment would replace provisions f'or permitting movie theaters in certain areas
of the city based on the number of screens with a city-wide standard for new theater
development. The new standard would apply to new theaters not otherwise exempted by a prior E
development agreement, and would limit the size of theater auditorium to 3,000 sq. ft. or less and
200 or fewer seats, with no limit on the number of screens in any theater complex.
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SETTING AND AREA OF EFFECT °o
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DCA No. 11-11 would affect all commercial districts throughout the City where movie theaters E
of any size arc currently permitted subject to approval of a Conditional Use Permit (CUP). a
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CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA)
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 r
amendment sets development standards for potential development pursuant to the Development o
Code. W
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BACKGROUND 1
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• On May 2, 2011, the Mayor and Common Council approved Development Code
Amendment (DCA) No. 11-01 (MC 1356) that amended Table 06.01, List of Permitted E
Uses, in Chapter 19.06 of the Development Code, Commercial Districts, to permit movie u
theaters of four or more screens subject to a Conditional Use Permit in the downtown rn
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Main Street Overlay District. "c
• November 29, 2011, Application for Planning Commission of the Development Code J
Amendment No. 11-11 was submitted. a
• December 8, 2011, Applicant representative's letter proposing recommendation for
adopting the code amendment by ordinance
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ANALYSIS
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The proposed amendment would provide a city-wide standard for permitting movie theaters. 'r
Specifically, the proposed amendment would enhance the environment for success of the w
downtown movie theater, the California Theater, and existing and future ancillary uses in the
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surrounding area, including Theater Square. E
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Adopted policies that support this type of development are made part of the proposed findings.
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DCA No. 1[-I/
rC llea....g DOIF:/XveIIIIIC(14.2011
l'age 3
FINDINGS OF FACT
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1. The proposer!amendment is consistent with the General Plan.
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The proposed amendment would provide new standard for new theaters not otherwise c
exempted by a prior development agreement, and would limit the size to 3,000 sq. ft. or
less and 200 or fewer seats, with no limit on the number of screens in any theater
complex,consistent with the following General Plan goals and policies:
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by E
strategic infill of new development and revitalization of existing development'.
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Policy 2.1.3: "Encourage future development to provide public spaces that foster social
interaction. o
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Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in
downtown San Bernardino, including expanding convention facilities, hotels, restaurants, E E
theaters and similar uses." 2
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2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welJitre of the City.
The proposed amendment would allow for business growth and an increase in r
recreational and employment opportunities for local residents. Therefore, the proposed o
Development Code Amendment is not detrimental to public health, safety, convenience M
or general welfare. m
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The proposed amendment would allow for business growth and an increase in o
recreational and employment opportunities for local residents. Therefore, the proposed H
Development Code Amendment is not detrimental to public health, safety, convenience E
or general welfare. t0
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The proposed amendment will allow for the stabilization of the growth and expansion of
theater projects on a City-wide basis and will ensure that existing theaters and
development agreements that potentially provide for further theater developments will a
not be adversely impacted by the Development Code Amendment. The proposed _
amendment will also ensure the orderly development of other theater projects within the v
City so that new projects are not constructed solely for the opportunity to cannibalize
economic market share within the City thus avoiding the potential of the City not having
any quality theater venues available to the public.
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The proposed amendment will allow for the stabilization of the renewed operations of the w
downtown cinema-plex project and provide for the more orderly development of theater
and commercial projects in outlying City neighborhoods with limitations on the sizes of E
auditorium and seating capacity that will enhance the local markets in these outlying
neighborhoods. There currently exists a significant void in the allocation of market
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PC Hearing Dale:December 14,2011
Page 4
shares for theater projects in the East Valley for the concentric market areas radiating w
from the Downtown area. The proposed amendment will allow the City to assure that by m
the development of the cinema-plex project in the Downtown area, the City is positioned
well into the future to benefit from the economic advantages in capturing these currently U
lost theater venue and restaurant opportunities. 0�o
The developments that will occur as the result of this proposed amendment, and most
notably the downtown cinema-plex project, will act as a potentially significant catalyst
for the development of other properties in the Downtown area. The projects to be built as
the direct result of this proposed amendment will accomplish the following significant E
factors for the benefits of the City: (i) provide for much needed restaurant uses in the
Downtown area both for the lunch time worker customer and for the evening theater QE
patron seeking restaurant and entertainment opportunities, (ii) mitigate blight that d
currently exists in the Downtown area, (iii) create new employment opportunities within u
the City and within the region due to the regional attraction of both the cinema-plex
project and the restaurants that will locate as the result of the cinema-plex re-opening, E
and (iv) contribute to the expansion and extension of public services and utilities similar a
to what the City is currently experiencing with the EDA sponsored public improvements a°
on 4"Street and the remodeled Theater Square. o
CONCLUSION
The purpose and the provisions of the proposed Development Code Amendment satisfy all c
Findings of Pact required for approval.
RECOMMENDATION A
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Staff recommends that the Planning Commission recommend approval of Development Code o
Amendment No. 11-11 to the Mayor and Common Council, based on the Findings of Fact Mn
contained in the Staff Report and provided that the Mayor and Common Council adopt an E
Ordinance approving Development Code Amendment No. 11-11 and Development Agreement u
No. 11-02 concurrently. rn
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Respectfully Submitted, R
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Aron Liang
Senior Planner
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Approved for Distribution: w
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DCA No. 1/-1/
PC llearL;g Dade.Dempuber 14,1011
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M. Margo Wheeler, AICP v
Community Development Director
Attachment A Proposed Amendment of Table 06.01
Attachment B Applicant representative letter dated December 8, 2011 d
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ATTACHMENT B
LEWIS 650 East Hospitality Lane, Suite 600 ^
BRISBOIS San Bernardino, Catttornia 92408 r
BISGAARD Telephone; 909.387.1130 t
&SMITH LLP Fax: 909.387.1138
ATTORNEYS AT TAW www.ibbsiaw.corn .O
TIMOTHYJ.SABO December 8,2011
DIRECT DAL:909.381.7187 c
E-MAIL:SABO @LBBSLAW.COM E
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Margo Wheeler d
Director of Community Development °o
City of San Bernardino a
300 North"D"Street
San Bernardino,California 92418 0
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Re: Adoption of Regal Development Agreement m
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Dear Ms. Wheeler:
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After preparation of the staff report, and based on discussions, we would like to make a
suggestion regarding consolidation of processing of the Regal Development Agreement and c
adoption of the Redevelopment Code amendment associated with that Development Agreement- Of
course,we make this suggestion subject to your expertise. tt:
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As we read the law, Development Agreements in the City of San Bernardino are processed
pursuant to State law (Govt Code Section 65864, et seq.) and Section 19.40 of the Development 0 0
Code. Section 19.40 provides that when the City Council has approved a Development Agreement A
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Application and a Development Agreement has been prepared, it will be adopted by a resolution E
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which contains certain findings. a
In this instance, the Development Agreement will be accompanied by a Development Code c
revision adopted by ordinance. State law allows a Development Agreement to be adopted by A
ordinance as well as by resolution. (Govt Code Section 65867.5). Therefore,we suggest that you a
consider recommending the adoption of the Development Agreement by using the same ordinance
as that which amends the Development Code. In addition to the Development Code amendment,
that ordinance would contain all the findings and other requirements Sc t out in Section 19.40. M
ordinance is a higher level of legislative enactment than a resolution, and may be used instead of a
resolution. (See, for example,Midway Orchards v. County of Butte (1990) 220 Cal. App. 3d 765).
We will be happy to provide you with further information or discuss this with you.
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ATLANTA•BEAUMONT•CHAWSTON•CHICAGO•DAUM•FORT LAUDERDALE•HOUSTON•IAFAYETTE•IAS/ECAS•LOS AN6nfS•NEW ORFANS
NEW YORK•NEWARK•ORANGF.COLMY•PHOENIX•SACRAMENTO•SAN BERNAMNO•SAN DECO"AN`RANCISCO•TAMPA•TUCSON
482142609422.1
Margo Wheeler
December 8,2011
Page 2
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However, in the event you do not wish to adopt one ordinance, Section 19.40 confirms that o
the Development Agreement may be adopted by a resolution which makes certain findings and 2
which is subject to referendum. (Midway Orchards,supra).
Thank you again for your continuing assistance.
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Very truly yours, E
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Timothy I.Sabo of 0
LEWIS BRISBOIS BISGAARD& SMITH LLP
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LEWIS BRISBOIS BISGAARD&SMITH LLP w Jbbsiaw.com
4821426Y9422.1
�+ John Coate.Chair
`a Maiiihill "iLe`"" CITY OF SAN BERNARDINO
_ Jim Mulvihill
Lance Lhvr COMMUNITYDEVELOPMENT DEPARTMENT
Andrew Machen
Amelia S.Lopez 300 North "D"Street, San Bernardino, California 92418
James Ehle Phone: (909)384-505715071 Fax:(909)384-5080
George Rawls
Lan C.Jimenez
PLANNING COMMISSION MINUTES
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*DRAFT
REGULAR MEETING
DECEMBER 14,2011 �0
DEVELOPMENT CODE AMENDMENT NO. 11-11
DEVELOPMENT AGREEMENT NO. 11-02
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CONDITIONAL USE PERMIT MODIFICATION NO. 11-03 (CUP 97-01)
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Page 1 of 12/14/2011
Chair Coute called the meeting to order at 6:00 p.m.
Vice-Chair Heasley led the flag salute.
Present: Commissioners Coute, Dun•, Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill and
Rawls. Absent: None. Staff present: M. Margo Wheeler, Community Development Director;
Henry Empefio, Jr., Senior Deputy City Attorney; Aron Liang; Senior Planner and Lisa Sherrick,
Administrative Analyst Il.
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ADMINISTRATION OF OATH
Aron Liang administered the oath. �°
CONSENT AGENDA:
M. Margo Wheeler, Community Development Director, recommended the meeting minutes
of November 16,2011 for approval. 0E
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Commissioner Mulvihill made a motion to approve the minutes. Commissioner Jimenez E
seconded the motion. a
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The motion carried by the following vote: Ayes: Durr, Eble, Heasley, Jimenez, Lopez and U
Machen.Nays:None.Abstain: Conte.Absent:None. w
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PUBLIC COMMENTS-ITEMS NOT ON AGENDA o
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No comments. "
PUBLIC HEARINGS
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Chair Coute explained that the three public hearing items would be presented together
because they all involve the same project location.
2. DEVELOPMENT CODE AMENDMENT NO. 11-11 — A proposal to amend Section
19.06.020 of the Development Code to delete the prior amendment approved by e
Ordinance MC 1356 to limit the number of new movie theater screens permitted outside c;
the Main Street Overlay District. This prior amendment language would be replaced with
a limitation on new theater development on a city-wide basis, affecting new theaters not
otherwise exempted by a prior development agreement to 3,000 sq. ft. or less, with 200 or z
fewer seats,and with no limit on the number of screens in any theater complex. w
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Environmental Recommendation: Exempt from CEQA- Sec. 15061(b)(3) E
Applicant: City of San Bernardino
Affected Area: City-wide a
3. DEVELOPMENT AGREEMENT NO. 11-02 — A proposed agreement between the
City of San Bernardino and Regal Cinemas, hic. for development of a 14-screen movie
theater in an existing structure located at 450 North "E" Street, in the City of San
Bernardino.
Page 2 of 7 12/14/2011
Environmental Recommendation: Utilize Certified EIR SCH#2009111089
Owner/Applicant: San Bernardino Economic Development Corp.
APN: 0134-121-26
Ward: 1
4. CONDITIONAL USE PERMIT MODIFICATION NO. 11-03 (CUP 97-01) — A d
proposal to modify CUP 97-01, approved by the Planning Commission on May 20, 1997
to permit development of a 20-screen multi-plex theater and 20,000 sq. ft. of associated
retail and restaurant uses at the northwest comer of 4h and "E" Streets, in the CR-2, w
Commercial Regional land use district. The proposed modification would provide for 6 0
auditoriums in the existing 20-auditorium structure to be re-purposed to provide 7,200 sq.
ft. of restaurant and retail space and 3,600 sq. ft. of additional live entertainment area and
support space for the California Theater.
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Environmental Recommendation: Utilize Certified EIR SCH#2009111089 v
Owner/Applicant: San Bernardino Economic Development Corp. E
APN: 0134-121-26 ¢
Ward: 1 v
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Aron Liang, Senior Planner, gave a brief presentation on the descriptions of all projects
including recommended motions. c
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Emil Marzullo,San Bernardino Economic Development Corp. Director,gave a presentation d
on the history and background of the downtown theater. °
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Commissioner Jimenez said he would like more time to review the documents provided and
asked for a continuance on all three items.
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Commissioner Mulvihill asked what the monthly cost was to maintain the empty theater.
Emil Marzullo said the monthly costs are approximately$60,000-70,000.
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Patrick Morris, Mayor of San Bernardino, said the City would like the theater to open in the a
summer and time was of the essence in moving the projects forward to meet that timeframe. n
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Judy Brewer, 5322 Newberry, spoke in favor of the projects on behalf of the San Bernardino W
Symphony because the theater and restaurants will allow audience members and musicians a c
place to gather before and after the concerts. E
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Philip Ugalde, 3180 Mayfield Avenue, spoke in favor of the projects because he would like to ¢
visit businesses in San Bernardino rather than neighboring towns.
Matt Korner, 3091 N. Genevieve Street, spoke in favor of the projects and said the cost of
maintaining the empty building was too costly and the only way the downtown district could
rebuild was with the success of the theater.
Page 3 of 7 12/14/2011
Myra Elder,3091 North Mountain View Avenue, spoke in favor of the projects because of the
jobs that would be brought to San Bernardino.
Mischa Tacchia, 2596 Lincoln Drive, spoke in favor of the projects and said his visits to the
California Theater lack a place to dine before the shows and said the jobs that will become
available to young residents of San Bernardino would be positive.
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Debbie Ariola,3120 North Genevieve Street, spoke in favor of the projects and said she would m
like to visit a theater within San Bernardino.
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Lamarr Sonny, 178 Glenfair Lane, spoke in favor of the projects and said he used to visit the �°
CinemaStar and would like to visit the Regal Cinemas and urged the recommendations for
approval to the Council to assist in moving the projects along.
Jasmine Suarez, 157 West Olive Street, spoke in favor of the projects on behalf of San E
Bernardino High School students and said she wanted to help San Bernardino thrive
economically by becoming a patron of the Regal Cinemas. E
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Leonardo Jasso, 235 East 10 Street, spoke in favor of the projects and said he would like the o
opportunity to visit the downtown area with friends in San Bernardino rather than having to drive L)
to another town.
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Gustavo Alvarez, 2048 North Pershing Avenue, spoke in favor of the projects and said the d
opening of the theater could bring potential for new development along most of the downtown d
streets.
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Jose Nievas,2652 Del Rosa Avenue, spoke in favor of the projects and said the students of San
Bernardino high schools will have a local place to patron in the summer months when they are "m
out of school.
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Estephannie Alvarez,2048 North Pershing Avenue,spoke in favor of the projects on behalf of
Marshall Elementary School and said families would be given an opportunity to watch a film in
downtown San Bernardino together.
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Cynthia Perez, 238 East 16`" Street, spoke in favor of the projects because the opening of the a
theater will invite people from different ethnicities and cultures to come together in San
Bernardino. a
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James Smith, 1156 East 24`h Street, spoke in favor of the projects and said the California E
Theater is recognized throughout Southern California and would like for the Regal Cinemas to
assist the revitalization of San Bernardino. a
Ariel Hollie, 5360 Dogwood Street, spoke in favor of the projects because she feels safer in San
Bernardino where she resides and would like to be able to visit friends.
Danielle Hobbs, 485 Edgerton Drive, spoke in favor of the projects and said she recently
Page 4 of 7 12/14/2011
performed at the Fox Theater and would like to perform at the California Theater and be able to
provide audience members a chance to watch a show and have a place to dine.
Casey Dailey, 144 East 3'" Street, spoke in favor of the projects on behalf of the
Meadbowbrook Park Loft Homeowners Association and said he resides in the downtown area
and would like to have more entertainment and dining options in the downtown district.
d
Erika Ruiz, 1423 West 2°" Street, spoke in favor of the projects on behalf of Inland
Congregation United for Change and said her family would visit the CinemaStar and Carousel
Mall with her family as a child and would like to assist the City in revitalizing the downtown
district. °
Vice-Chair Heasley thanked the residents of the City who came to speak.
Chair Come encouraged the students in the audience to maintain their participation in local E
government and thanked them for attending the meeting.
v
A member of the Commission asked what kind of security measures would be implemented at a
the theater.
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Emil Marzullo said security would be present inside and outside the building with the Police v
Department continually visiting the theater. Mr. Marzullo said that surveillance cameras would a
be installed in and outside of the theater in the parking areas and would be recording at all times. d
°
Chair Coute said additional cameras should be placed in the parking lot and better lighting °.
should be installed in the parking lot and loitering should be discouraged. a
Emil Marzullo said additional lighting is being researched and is planned to be installed as well
as new striping in the parking lot.
Commissioner Jimenez commended the San Bernardino Economic Development Corp. for a
job well done on trying to bring another theater to the downtown area but said he would still like
more time to review the documents before making a final recommendation.
N
Henry Empefto, Senior Deputy City Attorney, pointed out issues on all three items that in his a
opinion would require further information and recommended a continuance. x
w
Emil Marzullo said he disagreed with most of the comments made by Mr. Empefio and a~5
explained why a decision on the project was crucial to open by the summer. t
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Tim Sabo, San Bernardino Economic Development Corp. Legal Representative, explained a
why the recommendations in the Staff Reports for all three items were supported by the San
Bernardino Economic Development Corp. and gave a brief presentation on the documents
provided to the Commission.
Commissioner Lopez said she would like more explanation on this project allowing more time
Page 5 of 7 12/14/2011
for all information to be presented and researched in a timely manner.
Tim Sabo said the City and Regal wanted the theater to open in time for the summer rush of
theater-goers and said that in order for the theater to be able to have all work completed by the
summer,the proposed items must be approved as soon as possible.
Henry Empeno disputed that he had been contacted by Mr. Sabo's office regarding the proposed
items and requested a continuance to give time to the City Attorney's office to submit any
corrections and feedback to the staff reports. r 0
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Commissioner Jimenez asked if the City could be held liable at a later time regarding these �
projects.
Henry Empeno said that a challenge could be brought forward at a later time saying due process
was not given regarding these items. m
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Vice-Chair Heasley asked what the probability was that a case could be brought forward E
regarding these items. a
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Henry Empeno said the City could be sued using CEQA as a tool to stop the project. 0
d
M. Margo Wheeler, Community Development Director, gave a brief description on her o
educational background and experience to explain her qualifications in making CEQA _°
d
recommendations. 'w
Elizabeth Martin, San Bernardino Economic Development Corp. Legal Representative,
said if anyone was to challenge the CEQA findings they would have been present to make their
concerns on the record.
v
Henry Empeno said the CEQA objections could be made at the Mayor and Common Council
meeting.
v
Chair Conte called a recess at 8:39 p.m. Chair Conte called the meeting back to order at 8:43
p.m. N
a
Commissioner Mulvihill made a motion to recommend that the Mayor and Common Council x
approve Development Code Amendment No. I1-11 based on the Findings of Fact contained in w
the Staff Report and that the Mayor and Common Council adopt an Ordinance approving
Development Code Amendment No. 11-11 and Development Agreement No. 11-02 E
concurrently. Commissioner Heasley seconded the motion.
z
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The motion carried by the following vote: Ayes: Conte, Dint, Eble, Heasley, Lopez, Machen,
Mulvihill and Rawls.Nays:Jimenez:None.Absent:None.
Commissioner Mulvihill made a motion to recommend that the Mayor and Common Council
approve Development Agreement No. 11-02 and that the Mayor and Common Council adopt an
Page 6 of 7 12/14/2011
Ordinance approving Development Code Amendment No. 11-11 and Development Agreement
No. 11-02 concurrently. Commissioner Eble seconded the motion.
The motion carried by the following vote: Ayes: Coate, Durr, Eble, Heasley, Machen, Mulvihill
and Rawls.Nays:Jimenez and Lopez.None.Absent:None.
Commissioner Mulvihill made a motion to approve Conditional Use Permit Modification No.
11-03 (CUP 97-01) based on the Findings of Fact contained in the staff report and subject to the m
Conditions of Approval (Attachment C), as amended. Commissioner Machen seconded the
motion. "
0
0
The motion carried by the following vote: Ayes: Coate, Durr, Eble, Heasley, Machen, Mulvihill
and Rawls.Nays:Jimenez and Lopez.None.Absent:None.
Ms. Wheeler announced that the project would be presented to the Mayor and Common Council E
on January 9,2012.
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PLANNING COMMISSION REPORTS/ANNOUNCEMENTS E
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There were none. °
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DIRECTOR'S REPORT E
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The Director indicated that the matters would be discussed at a later meeting.
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ADJOURNMENT m
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Commissioner Mulvihill made a motion, seconded by Commissioner Durr and unanimously
carried,to adjourn the Planning Commission meeting at 8:53 p.m. The next regular meeting was a
scheduled for Wednesday,January 18,2012 at 6:00 p.m. in the Council Chambers,First Floor, 'c
300 North"D" Street, San Bernardino,California.
Minutes Adopted by Planning Commissioners:
Date Approved:
Minutes Prepared by:
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Melissa Thurman w
Executive Assistant
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Page 7 of 7 12/14/2011
t ORDINANCE NO.
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01,LIST OF PERMITTED
4 USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE EXEMPTED BY A
5 DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3000 SQUARE FEET OR LESS
AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE NUMBER OF SCREENS IN ANY s
6 THEATER COMPLEX AND APPROVING TO DEVELOPMENT AGREEMENT NO. 11-02 d
7 BETWEEN THE CITY OF SAN BERNARDINO AND REGAL CINEMAS INC. FOR A 14- 0
SCREEN MOVIE THEATER IN DOWNTOWN SAN BERNARDINO 2
8
9 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
10 v
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the cc
II
power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the d
12
0
restrictions and limitations provided in the Charter or by State law; and
13 c
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WHEREAS, Regal Cinemas, Inc. has requested approval of Development Agreement No. 11-02 a
4 0
for development of a 14-screen movie theater in an existing movie theater located at 450 North "E"
15 y
Street in the CR-2, Commercial Regional-Downtown land use district, which use of the property also
16 m
necessitates the amendment of the Development Code as set out here; and
17
WHEREAS, on October 29, 1996, the Redevelopment Agency of the City of San Bernardino c
18 .0
9 (the "Agency") and MDA-San Bernardino Associates, LLC, entered into a Disposition and E0 19 0
Development Agreement (1996-DDA) for the development, construction, improvement, and financing c
20 W
of a multi-screen cinema complex and related common area improvements. In 2001, with the downturn v
21
in the cinema industry,the Agency purchased the theater building(located at 450 North"E" Street)from
22
MDA, together with the existing tenant lease with CinemaStar Luxury Theaters, Inc. ("CinemaStar"), H
23 k
for$10,000; and w
24 c
WHEREAS,on September 28,2008, CinemaStar ceased operations;and E
25 r
WHEREAS, on November 7, 2008, the Agency filed an unlawful detainer action with the ow
26 Q
Superior Court of California which held CinemaStar to be in default of the terms of their lease, declared
27
the lease to be terminated and granted possession of the multi-screen cinema complex (the "20-Plex")to
28
the Agency as of December 1, 2008; and
1
I WHEREAS, on December 15, 2008, the Mayor and Common Council of the City of San
2 Bernardino (the "Council") consented to the disposition of the 20-Plex to Maya North America
3 ("Maya") and the Community Development Commission of the City of San Bernardino (the
4 "Commission') approved the sale of the 20-Plex and authorized the Interim Executive Director of the
a
5 Agency to execute the 2008 Disposition and Development Agreement (the "2008 DDA") by and d
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6 between the Agency and Maya; and d
2 WHEREAS, on February 2, 2009, the Council authorized the submittal of a U.S. Department of f
8 Housing and Urban Development ("RUD") Section 108 Loan Guarantee Application (the "HUD Loan
9 Application"), on March 6, 2009, the Community Development Citizens Advisory Committee m
10 recommended to forward the Pre-Application for the HUD Loan Application for the re-finance and
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11 rehabilitation Project to the Council for approval, and on April 6, 2009, in a Public Hearing, the Council E
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12 approved and authorized the submittal of the HUD Loan Application for Maya to HUD; and c
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13 WHEREAS, the HUD Loan Application was submitted to HUD and the Agency received HUD's m
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14 approval on September 25,2009;and c
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15 WHEREAS, on May 18, 2009, the Commission approved Amendment No. 1 to the 2008 DDA c
16 extending the close of escrow deadline from July 1, 2009 to October 30, 2009, due to unforeseen delays
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17 in the Agency obtaining legal possession of the building and its contents,HUD's review and approval of
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18 the HUD Loan Application, and Maya securing its financing as stated and outlined in the 2008 DDA; E
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19 and
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20 WHEREAS, on June 1, 2009,the Mayor and Common Council adopted Resolution No. 2009143 C0
21 to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to guide p
22 future development and revitalization of Downtown San Bernardino;and
B
23 WHEREAS, by Resolution No. 2009-143, the Mayor and Common Council also directed staff to x
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24 proceed with implementation of the Downtown Core Vision/Action Plan; and
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25 WHEREAS, one of the key initiatives of the Downtown Core Vision/Action Plan is creation of u
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26 an entertainment district anchored by the California Theater and the downtown cinema; and
27 WHEREAS, Maya's continued difficulty with securing financing for the re-opening of the 20-
28 Plex lead to the termination of the 2008 DDA on April 15, 2010; and
2
I WHEREAS, between the months of May and September in 2010, the Agency received S
2 proposals for development of the 20-Plex; and
3 WHEREAS, the Agency vetted each proposal and upon approval by the Commission in closed
4 session,the Agency was directed to negotiate with Regal Entertainment Group("Regal'); and
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5 WHEREAS, Regal operates the largest and most geographically diverse theater circuit in the m
r
6 United States, consisting of 6,745 screens in 546 theaters in 38 states and the District of Columbia; and
7 WHEREAS, Regal is a publicly traded company listed on the New York Stock Exchange and its f
6 financial strength is testament to backing its lease commitments; and
9 WHEREAS, Regal focuses on enhancing its position in the motion picture exhibition industry by c
E
10 distributing value to stockholders, realizing selective growth opportunities through new theater
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11 construction, expanding and upgrading its existing asset base with new technologies, and capitalizing on
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12 prudent industry consolidation opportunities; and c
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13 WHEREAS, on November 30, 2010, Regal and the Agency executed a Letter of Understanding 60
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14 and negotiations commenced on the leasing of the fourteen(14) of the 20 theaters in the Cinema; and c
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15 WHEREAS, Regal, as Lessee, has entered into a Lease Agreement with the San Bernardino c
16 Economic Development Corporation (the "SBEDC" as successor in property interest), as Lessor, for the
a
17 development and reuse of fourteen (14) of the existing twenty (20) theaters within the Cinema building;
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18 and E
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19 WHEREAS, the SBEDC further proposes to lease or sell four (4) of the remaining six (6) ,°
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20 theaters to private developers and/or commercial/retail operators and to retain two (2) theaters as
21 possible ancillary space for the California Theatre and a small format performance theater; p
22 WHEREAS, on July 5, 2011,the Mayor and Common Council amended the Development Code
'a
23 pursuant to MC 1356 to permit movie theaters of four or more screens subject to a conditional use w
24 permit in the Main Street Overlay District in Downtown San Bernardino; and c
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25 WHEREAS, MC 1356 was determined to be more restrictive than necessary to achieve the goal
0
26 of such an entertainment district and on November 11, 2011, the application for this amendment was
27 submitted; and
2s
3
I WHEREAS, on November 11, 2011, the application for this amendment was submitted, which
2 amendment was approved by the Planning Commission on December 14, 2011;and
3 WHEREAS, this amendment of Table 06.01 of the Development Code instead will allow new
4 theaters, no otherwise exempted by a prior development agreement, with a theater auditorium size of
m
5 3000 square feet or less and 200 or fewer seats, with no limit on the number of screens in any theater
r
6 complex m
7 0
WHEREAS, the Planning Commission of the City of San Bernardino held a noticed public
8
hearing on December 14, , 2011, to consider Development Code Amendment No. 11-11 and adoption of
9
Development Agreement No. 11-02 by the same ordinance and recommended approval of both to the E
10
Mayor and Common Council; and d
11 R
12 WHEREAS, the Mayor and Common Council held a noticed public hearing on January 9, 2012, a
0
13 to consider the proposed ordinance approving and adopting both Development Code Amendment No.
m
14 11-11 and Development Agreement No. 11-02, including the Planning Commission recommendation a
0
15 and the Planning Division Staff Report dated December 14, 2011, as supplemented by the CDC Staff
in
16 Report; and
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17 WHEREAS, a program Environmental Impact Report (State Clearinghouse No. 2009111089)
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18 was certified on December 20, 2010, for Merger A; thereafter, staff determined pursuant to Section E
0
19 15168 (c) (2) of the California Environmental Quality Act (CEQA) Guidelines (the "Guidelines") that
0
20 pursuant to Guidelines Section 15162, no new effects will occur and no new mitigation measures will be c
21 required as a result of the approval of this Development Agreement No. 11-02; and p
22 WHEREAS, staff further has determined that the amendment of the Development Code is exempt
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23 from CEQA. x
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NOW,THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN m
26 R
BERNARDINO DO ORDAIN AS FOLLOWS:
27
28 SECTION 1. Amendment of Development Code:
4
1 Chapter 19.06, Commercial Districts, Table 06.01, List of Permitted Uses, is amended as shown in
2 Attachment 1 attached hereto and incorporated herein by reference.
3
A. Findings of Fact:
4
s 1. The Ordinance amending the Development Code is consistent with the General m
L
6 Plan of the City of San Bernardino. The Ordinance will amend the Development Code to continue to �-
d
z provide for an entertainment district in the downtown Main Street Overlay District, while allowing
8 other, smaller theaters (or those exempted by an existing development agreement) throughout the
9 City, to enhance activity levels downtown, consistent with the following General Plan goals and
c
policies E w
10 v
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II Goal 4.14: "Enhance, maintain, and develop recreational, cultural, entertainment. E
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12 and educational facilities within the City." v
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13 Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g. theaters and
v
14 restaurants)." n
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15 Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in
downtown San Bernardino, including expanding convention facilities, hotels, restaurants, °
16 a
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17 theaters and similar uses."
1s Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill a
19 of new development and revitalization of existing development". u
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20 Policy 2.1.3: "Encourage future development to provide public spaces that foster social co
c
interaction."
21 G
22
2. This Ordinance amending the Development Code will not be detrimental to the
23 public interest, health, safety, convenience or welfare of the City, because it will continue to t
X
promote revitalization and economic development around existing theaters in the downtown area w
f 24 c
2s , within the Main Street Overlay District defined in Chapter 19.19 of the Development Code,while L
specifically allowing exempted or new, smaller theaters throughout the remainder of the City. . x
26 a
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Therefore, the Ordinance amending the Development Code serves the public interest and
za
convenience and would not be detrimental to public health,safety or general welfare.
SECTION 2. Approval of Development Agreement
5
I Development Agreement No. 11-02 is attached hereto and incorporated herein as Exhibit B, and
2 is hereby approved. The City Manager is hereby authorized and directed to execute the Development
3 Agreement between the City of San Bernardino and Regal Cinemas, Inc. on behalf of the City of San
4 Bernardino.
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5 A. Findings of Fact: m
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6 B. Development Agreement Amendment No. 11-02 is internally consistent with the General d
7 Plan in that it meets General Plan Policy 4.5.2 in that it maintains and enhances commercial regional
E cores and economically sound community-serving commercial concentrations by attracting new regional
9 outlets,maintaining the existing regional retail base,and stabilizing the future regional retail base. 6
E
to C. Development Agreement Amendment No. 11-02 is consistent with Development Code
t t Chapter 19.40 in that, , it addresses the mandatory contents for development agreements, including and
12
not limited to the duration of the agreement, the permitted uses of the property, and the density or C 0
13 intensity of use(s) as described in Section 19.40.040 of the Development Code. E0
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14 a
D. The proposed amendment will promote the public interest, health, safety, convenience 20
d
15 and welfare of the City in that the proposed agreement provides for the re-tenanting of a vacant theater o
16 complex on a commercial property in need of revitalization and rehabilitation and carries out the v
17
entertainment district concept approved by the Mayor and City Council in Development Code c
18 Amendment 11-11. E
0
19 E. The proposed Development Agreement will not be detrimental to the public interest, u
20 health, safety, convenience, or welfare of the City. c
21 v
F. The proposed Development Agreement may be adopted by ordinance pursuant to
22 Chapter 19.40 of the Development Code.
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23 SECTION 3. California Environmental Quality Act: The Mayor and Common Council finds that w
24 this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
m
25 15061(b)(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not result in a u
26 direct or reasonably foreseeable indirect physical change in the environment. The Mayor and Common a
27 Council further find that an Environmental Impact Report(EIR) (SCH #2009111089) is a program EIR
28 prepared to analyze the environmental impacts of Merger A and the related downtown development.
The Mayor and Common Council certified the EIR, adopted Findings of Fact, a Statement of Overriding
6
I Considerations and a Mitigation Monitoring/Reporting Program (MM/RP) on December 20, 2010.
2 Development Agreement No. 11-02 addresses certain economic issues and provides for the continuation
3 of Development Code Amendment MC 1356 or Amendment No. 11-11 and does not require further
4 environmental analysis or documentation pursuant to Sections 15162 through 15164 of the State CEQA
5 Guidelines. The Planning Division is hereby directed to file a Notice of Determination and/or Notice of
Exemption with the County Clerk of the Board of Supervisors of the County of San Bernardino, F
6
certifying the City's compliance with the California Environmental Quality Act. c
7 2
SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the
8
accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
9
authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, E
10 and Section 40(z) of the Charter of the City of San Bernardino. w
11 E
SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or
d
12
phrase in this Ordinance or an art thereof is for an reason held to be unconstitutional, invalid °o
P YP Y U
13 or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or m
E
14 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and e
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15 Common Council hereby declares that it would have adopted each section irrespective of the fact 'm
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16 that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
m
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unconstitutional, invalid, or ineffective.
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7
3
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
2 AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF
PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE
3 (DEVELOPMENT CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE
EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3000
4 SQUARE FEET OR LESS AND 200 OR FEWER SEATS,WITH NO LIMIT OF THE NUMBER
OF SCREENS IN ANY THEATER COMPLEX AND APPROVING TO DEVELOPMENT
5 AGREEMENT NO. 11-02 BETWEEN THE CITY OF SAN BERNARDINO AND REGAL t
6 CINEMAS INC. FOR A 14-SCREEN MOVIE THEATER IN DOWNTOWN SAN
BERNARDINO o
7 2
8 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 thereof,held on the_day
9 c
of 2012, by the following vote to wit: E
10 v
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11 Council Members: AYES NAYS ABSTAIN ABSENT E
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v
12 MARQUEZ a
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13 JENKINS E
14 a
0
BRINKER
15 m
D
16 SHORETT
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17 KELLEY
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]s JOHNSON E
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MC CAMMACK
20 rs
S
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22 Rachel Clark,City Clerk
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23 The foregoing Ordinance is hereby approved this day of , 2012. x
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24
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25 PATRICK J. MORRIS,Mayor E
City of San Bernardino
26 Approved as to form: a
27 JAMES F. PENMAN
28 City Attorney
i
a
1
3
1
2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF
s PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE m
6 EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3,000 m
7 SQUARE FEET OR LESS AND 200 OR FEWER SEATS,WITH NO LIMIT OF THE NUMBER
OF SCREENS IN ANY THEATER COMPLEX
a f
9 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
10 c
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the E
11 a
power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the d
12 E
restrictions and limitations provided in the Charter or by State law; and d
13
WHEREAS, on June 1,2009, the Mayor and Common Council adopted Resolution No. 2009143 ti
14 to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to guide E
15 a
future development and revitalization of Downtown San Bernardino; and
16 m
WHEREAS, by Resolution No. 2009-143,the Mayor and Common Council also directed staff to
17 a
proceed with implementation of the Downtown Core Vision/Action Plan; and $
18
WHEREAS, one of the key initiatives of the Downtown Core Vision/Action Plan is creation of
c
19 an entertainment district anchored by the California Theater and the downtown cinema; and
20 v
WHEREAS, on July 5, 2011, the Mayor and Common Council amended the Development Code O
21 a
pursuant to MC 1356 to permit movie theaters of four or more screens subject to a conditional use a
22 k
permit in the Main Street Overlay District in Downtown San Bernardino; and m
23
WHEREAS, MC 1356 was determined to be more restrictive than necessary to achieve the goal
E
24 of such an entertainment district; and
25 5
WHEREAS, on November 11, 2011, the application for this amendment was submitted, which a
26 amendment was approved by the Planning Commission on December 14, 2011; and
27 WHEREAS, this amendment of Table 06.01 of the Development Code instead will allow new
2E theaters, no otherwise exempted by a prior development agreement, with a theater auditorium size of
1
1 3000 square feet or less and 200 or fewer seats, with no limit on the number of screens in any theater
2 complex.
3
4 NOW,THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO DO ORDAIN AS FOLLOWS:
d
6 SECTION 1. Chapter 19.06, Commercial Districts, Table 06.01,List of Permitted Uses, is w
L
7 ~
amended as shown in Attachment 1 attached hereto and incorporated herein by reference. d
s 0
SECTION 2.Findings of Fact:
9
to A. The Ordinance amending the Development Code is consistent with the General Plan of c
d
11 the City of San Bernardino. The Ordinance will amend the Development Code to continue to provide for v
c
an entertainment district in the downtown Main Street Overlay District, while allowing other, smaller E
12 Q
13 theaters (or those exempted by an existing development agreement) throughout the City, to enhance c
14 activity levels downtown, consistent with the following General Plan goals and policies
w
15 Goal 4.14: "Enhance,maintain,and develop recreational,cultural,entertainment, and c
m
16 educational facilities within the City." m
0
17 Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g.theaters and a
18
restaurants)."
19 m
Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in downtown S
20
San Bernardino, including expanding convention facilities, hotels, restaurants, theaters and similar
21 v
uses." a
zz Goal 2.4: 'Enhance the quality of life and economic vitality in San Bernardino by strategic infill w
23
of new development and revitalization of existing development".
24 r
Policy 2.1.3: 'Encourage future development to provide public spaces that foster social
25 Q
interaction."
26
27
B. The Ordinance amending the Development Code will not be detrimental to the public
28 interest, health, safety, convenience or welfare of the City, because it will continue to promote
2
I revitalization and economic development around existing theaters in the downtown area , within the
2 Main Street Overlay District defined in Chapter 19.19 of the Development Code, while specifically
3 allowing exempted or new, smaller theaters throughout the remainder of the City. . Therefore, the
4 Ordinance amending the Development Code serves the public interest and convenience and would not
5 be detrimental to public health, safety or general welfare.
d
6 SECTION 3. California Environmental Quality Act: The Mayor and Common Council finds that L
7 this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section d
8 15061(b)(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not result in a f
9 direct or reasonably foreseeable indirect physical change in the environment.
10 c
SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the E
11 'o
accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the a
12 E
authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
d
13
and Section 40(z) of the Charter of the City of San Bernardino. v
14
E
15 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase u
m
16 in this Ordinance or any part thereof is for any reason held to he unconstitutional, invalid or ineffective c
t7 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the a
18 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
19 declares that it would have adopted each section irrespective of the fact that any one or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
20
ineffective.
21 v
22 N
23
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24 E
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27
28
3
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
2 AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF
PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE
3 (DEVELOPMENT CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE
EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3,000
4 SQUARE FEET OR LESS AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE NUMBER
5 OF SCREENS IN ANY THEATER COMPLEX
6 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 thereof, held on the_day F
7 D
8 of 2012, by the Following vote to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ m
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11 v
JENKINS E
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13 BRINKER o
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14 SHORETT v
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15 KELLEY a
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16 JOHNSON °.
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18 MC CAMMACK °
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20 Rachel Clark,City Clerk
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21 The foregoing Ordinance is hereby approved this day of 2012.
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24 PATRICK J. MORRIS,Mayor
25 City of San Bernardino °
Approved as to form: a
26
JAMES F. PENMAN
27 City Attorney
28
4
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