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ORDINANCE (ID#2119) DOC ID: 2119 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 12/03/2012
Prepared by: Shirley Robinson, (909) 384-
5057
Dept: Community Development Ward(s): All
Subject:
Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal
Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development
Code, to Bring the Development Code into Compliance with Certain State Laws and Amend
Development and Administration Processes Standards Within the Development Code. (FIRST
READING)
Financial Impact:
None by this action. However,potential sales tax revenues could be generated by allowing retail
uses,with the restrictions contained within Chapter 19.08 of the Development Code, in the
Industrial Heavy (IH) land use district.
Mayor to open the hearing. . .
Motion: Close the hearing; and lay over Ordinance for final adoption.
BACKGROUND
This is the second part of a set of amendments to clean-up the Development Code, bring it into
compliance with state laws, and make the document more user- and business-friendly. This set
of amendments proposes to: 1) bring the Development Code into compliance with state law
regarding handicap-accessible parking; 2) update the membership of the Development and
Environmental Review Committee (D/ERC) in conformance with current City staffing levels;
and 3) allow limited retail sales in the Industrial Heavy(IH) land use district.
This item was continued from the October 17, 2012, Planning Commission meeting in that the
Legislative Review Committee (LRC) meeting in October was canceled due to lack of a quorum.
The LRC met to discuss the item on November 6, 2012, and recommended moving the item
forward to the Planning Commission by a 2:0 vote (Council Member Valdivia was absent).
PARKING STANDARDS
The current Development Code was initially implemented in 1991; however, since that time,
there has been a need to update the Code with regard to the regulations of other agencies,
particularly the state of California (i.e., with regard to laws governing handicap-accessible
parking spaces). Refer to attachment A. The proposed amendment to Development Code
Section 19.24.050 would bring the Code into compliance with current state laws. The proposed
amendments are as follows:
19.24.050 HANDICAPPED PARKING REQUIREMENTS
Updated: 11/29/2012 by Jolena E.Grider B Packet g.26
6B
2119
2. Handicapped parking spaces shall be provided for all uses other than residential at the
following rate:
Total Number of Parking Spaces
ProvidedNumber of Handicapped
Parking Spaces Required
1-25 26-50 51-75 76-100 101-150 1 2 3 4 5 6 7 8 9 Two percent of
151-200 201-300 301-400 401-500 total 720+ 1 for each 100,or
501-1,000 1,001 and over fraction over 1,001
For outpatient units and facilities, 10% of the total number of parking spaces
provided shall serve each such outpatient unit or facility.
For units and facilities that specialize in treatment or services for persons with mobility
impairments, 20% of the total number of parking spaces provided shall serve each such
unit or facility.
One van space shall be provided in every eight accessible spaces, with a minimum of one
space provided.
DEVELOPMENT and ENVIRONMENTAL REVIEW COMMITTEE MEMBERSHIP
Currently, Development Code Sections 19.02.040.4.A and 5.A, which set forth the membership
requirements for the Development Review Committee and Environmental Review Committee,
respectively, (collectively known as the D/ERC) call for representatives from the following
departments: Planning and Building Services (with designees from the Planning and Building
Divisions), Public Works, Fire, Police, Water, Parks and Recreation, Public Services and
Development. However, since these Code Sections were adopted, there have been changes to
the departments that make up the current overall City government structure. Further,with recent
staffing cuts, certain departments are no longer able to send a representative to the committee
meetings. Finally, changes to the Development Code's landscaping standards have shifted
authority from the Parks and Recreation Department to the Planning and Land Development
Divisions of the Community Development Department, thereby eliminating the need for
representation by the Parks and Recreation Depai tuient on the D/ERC. As such, it is now
difficult to assemble a quorum at the meetings. However, without a quorum, applications can be
delayed due to the inability to vote to approve a project or move it onto the Planning
Commission if that level of review is required.
Therefore, to ensure the D/ERC membership requirements meet the City's current staffing
situation and Development Code standards, staff recommends the following amendments to
Development Code Sections 19.02.040.4.A and 5.A as they relate to the Committees'
membership rosters:
19.02.040 REVIEW AUTHORITIES
4. DEVELOPMENT REVIEW COMMITTEE (DRC)
t
Updated: 11/29/2012 by Jolena E.Grider B a �
2119
A. MEMBERSHIP
The DRC members shall consist of representatives of the following departments:
Community Development (a designee from the Planning Division [Chairperson],
a designee from the Building Division, and a designee from the Land
Development Division [representing the Public Works Department]), Integrated
Waste Management, Fire, and Water. The representatives shall be the Director of
the Department or their designees(s). An urban design professional may be
retained on a consultant basis or placed on staff to provide input on design review
as required by Chapter 19.38,Design Review.
5. ENVIRONMENTAL REVIEW COMMITTEE (ERC)
A. MEMBERSHIP
The ERC members shall consist of representatives of the following departments:
Community Development (a designee from the Planning Division [Chairperson],
a designee from the Building Division, and a designee from the Land
Development Division [representing the Public Works Department]), Integrated
Waste Management, Fire, and Water. The representatives shall be the Director of
the Department or their designees(s).
Although the Police Department will no longer be required to have representation on the
Committee (due to staffing issues), Community Development staff will continue to consult the
Police Department staff to ensure that if an application requires input from the Police
Department, that such input is incorporated into the project as appropriate (i.e., in project design,
conditions of approval, etc.).
LIMITED RETAIL SALES IN IH LAND USE DISTRICT
Staff was recently approached by a business owner of a facility that had relocated to the IH
district from the IL district to expand their business. Their business, the manufacturing and sales
of street sweepers, was allowed to use a maximum of 15 percent of their facility for retail sales
of the street sweepers that they manufactured on the site. However, Table 08.01 of Development
Code Section 19.08.020, "Permitted, Development Permitted, and Conditionally Permitted
Uses," does not currently allow retail sales in the IH district. Therefore, the City is potentially
losing tax dollars that could be generated through incidental retail sales in the IH district.
Consequently, to make the Development Code more business-friendly and provide an additional
source of revenues for the City, staff recommends that Table 08.1 be amended as follows (note
that the requirements/limitations for retail uses in industrial districts, listed in footnote 3 of Table
08.01 and in Section 19.08.030, "Land Use District Development Standards," would continue to
apply).
TABLE 08.01
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
I Packet Pg.27
Updated: 11/29/2012 by Jolena E.Grider B
6r B
2119
LAND USE ACTIVITY CH OI IL IH IE
P
32. Retail Commercial; D D3 D3 D3 -
3Incidental to a primary use, and contained within a primary structure(15%max.).
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan.
Economic Development Policy 4.9.1 calls for the City to monitor and strive to capture an
increasing percentage of the day-to-day regional shopping needs of the resident
population, while Economic Development Policy 4.9.2 calls for the City to proactively
attract and provide incentives to developers and tenants that draw retail sales from the
broader region. By allowing limited retail sales in the IH land use district, the City will
increase the opportunities for the City's population to shop in San Bernardino, thus
keeping sales tax revenues in the City. Additionally, the proposed amendments to the
membership of the D/ERC will better ensure that quorums are consistently made at
D/ERC meetings, thus preventing delays in the processing of development applications,
including those for retail businesses.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The proposed amendment by itself will not directly result in development and therefore,
will not be detrimental to the public health or safety. The proposed amendment will
bring the Code into conformance with state laws regarding handicapped parking. These
revisions to the Code will also enable City staff to process development applications
more effectively and efficiently, and will make the Code more user-friendly, thus
improving upon the public interest, convenience and welfare in the City.
CALIFORNIA ENVIRONMENTAL DUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
CONCLUSION
Staff believes the proposed project satisfies all Findings of Fact for approval of Development
Code Amendment No. 12-07.
RECOMMENDATION
Close the hearing; and lay over Ordinance for final adoption.
City Attorney Review:
Updated: 11/29/2012 by Jolena E.Grider B I " Packet Pg.28 I
6.B I
2119
Supporting Documents:
Ord 2119 (PDF)
Attachment 2 -Exhibit A to Ord (PDF)
3 DCA 12-07 (PDF)
Packet Pg,29
Updated: 11/29/2012 by Jolena E.Grider B
I n _6.B.a
ORDINANCE NO.
1
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE
19 OF THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
3 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
4 CODE, TO BRING THE DEVELOPMENT CODE INTO COMPLIANCE WITH
CERTAIN STATE LAWS AND AMEND DEVELOPMENT AND ADMINISTRATION
5 PROCESSES STANDARDS WITHIN THE DEVELOPMENT CODE.
6 WHEREAS, the current Development Code was initially implemented in 1991, and
7 since that time, many amendments have been made throughout the document; and
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8 0
WHEREAS, changes to the organization and staffing in the City have not been N V
9 reflected in the Development Code with regard to the organization of the Development and E
10 Environmental Review Committees (collectively known as the D/ERC); and
11
12 WHEREAS, since 1991, there has been a need to update the Development Code with c
13 regard to the regulations of the state of California with regard to handicap-accessible parking; d
and
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14 cu
15 WHEREAS, this in turn, has resulted in portions of the Development Code becoming
16 difficult to enforce, which can result in misinformation and a loss of consistent, high quality
N
17 customer service; and o�
18
WHEREAS, to provide better and more efficient customer service to the community
19 as a whole, amendments to the way in which certain applications are processed are proposed; d
20 and 0
21
22 WHEREAS, on November 6, 2012, the Legislative Review Committee reviewed and
23 unanimously recommended that the proposed amendments (Attachment A) be moved to the
Planning Commission; and
24
25 WHEREAS, on November 14, 2012, the Planning Commission of the City of San
26 Bernardino held a noticed public hearing to consider public testimony and the staff reports
27 recommending proposed amendments to the City Municipal Code, and unanimously
28
I Packet Pg.30 I
6.11a I
1 recommended approval of the proposed Development Code Amendments to the Mayor and
Common Council; and
2
3 WHEREAS, notice of the public hearing for the Mayor and Common Council's
4 consideration of the proposed Ordinance was published in The Sun newspaper on November
5 21,2012.
6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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8
SECTION I. The Mayor and Common Council find that the above-stated Recitals
9 are true and hereby adopt and incorporate them herein.
10 �°
a)
11 SECTION 2. Findings of Fact.
12 A. The proposed amendment is consistent with the General Plan. Economic (.)
13 Development Policy 4.9.1 calls for the City to monitor and strive to capture an increasing
14 percentage of the day-to-day regional shopping needs of the resident population, while
Economic Development Policy 4.9.2 calls for the City to proactively attract and provide o
15 incentives to developers and tenants that draw retail sales from the broader region. By
16 allowing limited retail sales in the 1H land use district, the City will increase the opportunities N
17 for the City's population to shop in San Bernardino, thus keeping sales tax revenues in the C
18 City. Additionally, the proposed amendments to the membership of the D/ERC will better
19 ensure that quorums are consistently made at D/ERC meetings, thus preventing delays in the 9
processing of development applications, including those for retail businesses.
20
21 a
22 B. The proposed amendment would not be detrimental to the public interest,
23 health, safety, convenience, or welfare of the City. The proposed amendment by itself will
24 not directly result in development and therefore, will not be detrimental to the public health or
safety. The proposed amendment will bring the Code into conformance with state laws
25 regarding handicapped parking. These revisions to the Code will also enable City staff to
26 process development applications more effectively and efficiently, and will make the Code
27 more user-friendly, thus improving upon the public interest, convenience and welfare in the
28 City.
Packet' 31
Isar
1
SECTION 3. The amendments to Title 19 of the San Bernardino Municipal Code,
2 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code
3 attached hereto as Exhibit A, and incorporated herein by reference, are hereby approved.
4
SECTION 4. Compliance with the California Environmental Quality Act: The
5 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
6 Municipal Code (Development Code) is exempt from the California Environmental Quality
7 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
8 not result in a direct or reasonably foreseeable indirect physical change in the environment. N
9 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or E
10 clause or phrase in this Ordinance or any part thereof is for any reason held to be
11 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision Q
12 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any U
part thereof. The Mayor and Common Council hereby declares that it would have adopted
13 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, a
14 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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Packet Pg.32
6Ba
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND TITLE 19 OF
THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
2 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
CODE, TO BRING THE DEVELOPMENT CODE INTO COMPLIANCE WITH
3 CERTAIN STATE LAWS AND AMEND DEVELOPMENT AND ADMINISTRATION
4 PROCESSES STANDARDS WITHIN THE DEVELOPMENT CODE.
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
6 and
Common Council of the City of San Bernardino at a meeting thereof, held on
7 the day of , 2012,by the following vote to wit:
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8 0
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
as
11 JENKINS
VALDIVIA d
12 0
SHORETT
13
KELLEY E
c.
14 JOHNSON
15 MC CAMMACK o
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16
17
T
T.;
18 Georgeann Hanna, City Clerk
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19 4:
The foregoing Ordinance is hereby approved this day of ,
20 2012. 5
21 a
22
23 PATRICK J. MORRIS, Mayor
24 Approved as to form: City of San Bernardino
25
JAMES F. PENMAN
26 City Attorney
27
28 - • A
Packet Pg.
6.B.b
EXHIBIT A
19.24.050 HANDICAPPED PARKING REQUIREMENTS
2. Handicapped parking spaces shall be provided for all uses other than residential at the
following rate:
Total Number of Parking Spaces Number of Handicapped Parking
Provided Spaces Required
1-25 1 0
26-50 2
51-75 3
76-100 4 E
101-150 5 c
151-200 6
201-300 7
301-400 8 0 9
401-500 9 U
501-1,000 Two percent of total
1,001 and over + 1 for each 100, or fraction over
a
1,001
m
For outpatient units and facilities, 10 percent of the total number of parking spaces
shall serve each such outpatient unit or facility.
N
For units and facilities that specialize in treatment or services for persons with mobility
impairments, 20 percent of the total number of parking spaces provided shall serve each 0
such unit or facility.
One van space shall be provided in every eight accessible spaces, with a minimum of one
space provided.
_
19.02.040 REVIEW AUTHORITIES
4. DEVELOPMENT REVIEW COMMITTEE (DRC)
a>
A. MEMBERSHIP
The DRC members shall consist of representatives of the following departments:
Community Development (a designee from the Planning Division [Chairperson],
a designee from the Building Division, and a designee from the Land
Development Division [representing the Public Works Department]), Integrated
Waste Management, Fire, and Water. The representatives shall be the Director of
the Department or their designees(s). An urban design professional may be
retained on a consultant basis or placed on staff to provide input on design review
as required by Chapter 19.38, Design Review.
Packet
b
EXHIBIT A Y
5. ENVIRONMENTAL REVIEW COMMITTEE (ERC)
A. MEMBERSHIP
The ERC members shall consist of representatives of the following departments:
Community Development (a designee from the Planning Division [Chairperson],
a designee from the Building Division, and a designee from the Land
Development Division [representing the Public Works Department]), Integrated
Waste Management, Fire, and Water. The representatives shall be the Director of
the Department or their designees(s).
CD
as
TABLE 08.01
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
0
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LAND USE ACTIVITY CH OIP IL IH IE o
0•1
32. Retail Commercial; D D3 D3 D3
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3Incidental to a primary use,and contained within a primary structure(15%max.). Q
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I ' 4 Packet Fog.35
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PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 12-07
HEARING DATE: October 17,2012
WARD: ALL
APPLICANT: City of San Bernardino
Contact: Tony Stewart,Deputy Director/City Planner o
300 N. "D" Street
San Bernardino, CA 92418
E
REQUEST:
To amend and clean up the San Bernardino Development Code to: 1) ensure consistency among
the various Code chapters and sections; 2) ensure compliance with updated laws; and 3) to
update the Code and make it more user-friendly for staff and the community as a whole.
E
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CONSTRAINTS/OVERLAYS: —a°,
N/A
rn
ENVIRONMENTAL FINDINGS: ti
0
® Exempt from CEQA
❑ No Significant Effect
❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program
❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts,Findings
and Statement of Overriding Considerations
co
STAFF RECOMMENDATION:
❑ Approval
❑ Conditions
❑ Denial
❑ Continuance to:
® Recommend to Mayor and Common Council
Packet Pg. uI
I 6.B.e 1
DCA 12-07
October 17,2012
Page 2
ANALYSIS
This is the second part of a set of amendments to clean-up the Development Code, bring it into
compliance with state laws, and make the document more user- and business-friendly. This set
of amendments proposes to: 1) bring the Development Code into compliance with state law
regarding handicap-accessible parking; 2) update the membership of the Development and
Environmental Review Committee (D/ERC) in conformance with current City staffing levels;
and 3)to allow limited retail sales in the Industrial Heavy(IH)land use district.
F..-
0
PARKING STANDARDS
Csi
The current Development Code was initially implemented in 1991; however, since that time, d
there has been a need to update the Code with regard to the regulations of other agencies, d
particularly the state of California (i.e., with regard to laws governing handicap-accessible
parking spaces). Refer to attachment A. The proposed amendment to Development Code a
Section 19.24.050 would bring the Code into compliance with current state laws. The proposed U
amendments are as follows: c
d
19.24.050 HANDICAPPED PARKING REQUIREMENTS c
TD
2. Handicapped parking spaces shall be provided for all uses other than residential at the o
following rate: cn
Total Number of Parking Spaces Number of Handicapped Parking N
Provided Spaces Required ti
1-4025 1 N
44-5026-50 2 a
811-2051-75 3
o
41146076-100 4 0"'
161 300101-150 5 =
301 400151-200 6 a)
1101 500201-300 7 s
6)
301-400 8
401-500
9 a
501-1,000 Two percent of total
over-5001,001 and over 720+ 1 for each 200-anal
or
fraction over 1,001
For outpatient units and facilities, 10 percent of the total number of parking spaces
provided shall serve each such outpatient unit or facility.
For units and facilities that specialize in treatment or services for persons with mobility
impairments, 20 percent of the total number of parking spaces provided shall serve each
such unit or facility.
I Packet Pg.379
yew
6.B.c
DCA 12-07
October 17, 2012
Page 3
One van space shall be provided in every eight accessible spaces, with a minimum of one
space provided.
D/ERC MEMBERSHIP
Currently, Development Code Sections 19.02.040.4.A and 5.A, which set forth the membership
requirements for the Development Review Committee and Environmental Review Committee,
respectively, (collectively known as the D/ERC) call for representatives from the following
departments: Planning and Building Services (with designees from the Planning and Building
Divisions), Public Works, Fire, Police, Water, Parks and Recreation, Public Services and c
Development. However, since these Code Sections were adopted, there have been changes to
the Departments that make up the current overall City government structure. Further, with recent
staffing cuts, certain departments are no longer able to send a representative to the committee E
meetings. Finally, changes to the Development Code's landscaping standards have shifted
authority from the Parks and Recreation Department to the Planning and Land Development
Divisions of the Community Development Department, thereby eliminating the need for
representation by the Parks and Recreation Department on the D/ERC. As such, it is now c
difficult to assemble a quorum at the meetings. However, without a quorum, applications can be (-)
delayed due to the inability to vote to approve a project or move it onto the Planning
CD
Commission if that level of review is required.
as
Therefore, to ensure the D/ERC membership requirements meet the City's current staffing o
situation and Development Code standards, staff recommends the following amendments to
Development Code Sections 19.02.040.4.A and 5.A as they relate to the Committees'
membership rosters:
ti
0
19.02.040 REVIEW AUTHORITIES
4. DEVELOPMENT REVIEW COMMITTEE (DRC) ca
M
A. MEMBERSHIP
The DRC members shall consist of representatives of the following departments:
Community Development (a designee from the
Planning Division [Chairperson] a di a designee from the Building Division, and
a designee from the Land Development Division [representing the Public Works
Department]), Public WorksIntegrated Waste Management, Fire, Police, and
Water, Parks and Recreation, Public Services and Development. The
representatives shall be the Director of the Department or their designees(s). An
urban design professional may be retained on a consultant basis or placed on staff
to provide input on design review as required by Chapter 19.38,Design Review.
Packet Pg 38
16.B.c
DCA 12-07
October 17,2012
Page 4
5. ENVIRONMENTAL REVIEW COMMITTEE(ERC)
A. MEMBERSHIP
The ERC members shall consist of representatives of the following departments:
•. . „ , ! --- •-- Community Development (a designee from the
Planning Division [Chairperson] awl.,a designee from the Building Division, and
a designee from the Land Development Division [representing the Public Works
Department]), Public WorkaIntegrated Waste Management, Fire, Police, and
Water, Parks and Recreation, Public Services and Development. The o R
representatives shall be the Director of the Department or their designees(s). IN
C.1-*
Note that although the Police Department will no longer be required to have representation on
the Committee (due to staffing issues), Community Development staff will continue to consult d
the Police Department staff to ensure that if an application requires input from the Police E
Department, that such input is incorporated into the project as appropriate (i.e., in project design, a<
conditions of approval, etc.). -a
y
LIMITED RETAIL SALES IN IH LAND USE DISTRICT E
a
0
Staff was recently approached by a business owner of a facility that had relocated to the IH as
district from the IL district to expand their business. Their business,the manufacturing and sales o
of street sweepers, was allowed to use a maximum of 15 percent of their facility for retail sales ..
of the street sweepers that they manufactured on the site. However, Table 08.01 of Development N
"Permitted, Development Permitted, and Conditionally Permitted
Code Section 19.08.020, ti
Uses", does not currently allow retail sales in the IH district. Therefore, the City is potentially N
losing tax dollars that could be generated through incidental retail sales in the IH district.
Consequently, to make the Development Code more business-friendly and provide an additional a
source of revenues for the City, staff recommends that Table 08.1 be amended as follows (note M
that the requirements/limitations for retail uses in industrial districts,listed in footnote 3 of Table c
08.01 and in Section 19.08.030, "Land Use District Development Standards", would continue to a)
E
apply): E
as
TABLE 08.01 a
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
LAND USE ACTIVITY CH OI IL IH IE
P
32. Retail Commercial; D D3 D3 D3
3lncidental to a primary use,and contained within a primary structure(15%max.).
Packet P
6.B c
DCA 12-07
October 17,2012
Page 5
On October 16, 2012,the Legislative Review Committee will review the proposed amendments.
If the Committee expresses concerns, makes changes to, or does not support the proposed
amendments, staff will present this information to the Planning Commission in a supplemental
document.
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan.
Economic Development Policy 4.9.1 calls for the City to monitor and strive to capture an o
increasing percentage of the day-to-day regional shopping needs of the resident
population, while Economic Development Policy 4.9.2 calls for the City to proactively d
attract and provide incentives to developers and tenants that draw retail sales from the a)
broader region. By allowing limited retail sales in the IH land use district, the City will
increase the opportunities for the City's population to shop in San Bernardino, thus E
keeping sales tax revenues in the City. Additionally, the proposed amendments to the a d
membership of the D/ERC will better ensure that quorums are consistently made at c
D/ERC meetings, thus preventing delays in the processing of development applications, 0
including those for retail businesses. E
Q.
0
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City. o
The proposed amendment by itself will not directly result in development and therefore, r
will not be detrimental to the public health or safety. The proposed amendment will
bring the Code into conformance with state laws regarding handicapped parking. These o
revisions to the Code will also enable City staff to process development applications
more effectively and efficiently, and will make the Code more user-friendly, thus
improving upon the public interest, convenience and welfare in the City.
M
C
FINANCIAL IMPACT
E
Potential sales tax revenues could be generated by allowing retail uses, with the restrictions 0
contained within Chapter 19.08 of the Development Code,in the IH land use district. Q
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
CONCLUSION
Staff believes the proposed project satisfies all Findings of Fact for approval of Development
Code Amendment No. 12-07.
I Packet g 40 I
I
DCA 12-07
October 17,2012
Page 6
RECOMMENDATION,
Staff recommends that the Planning Commission recommend Development Code Amendment
No. 12-07 to the Mayor and Common Council for approval.
Respectfully Submitted,
r
Tony Stewart, AI(� o
Deputy Director/City Planner
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Approved for Distribution:
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7-Cr M. Margo Wheeler,AICP
Community Development Director
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Attachment A: 2010 California Building Code Chapter 11B o
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6.B.0
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning Commission of the City of San Bernardino will hold a public hearing on
Wednesday,October 17,2012 at 6:00 p.m.in the Council Chambers,City Hall,300 North"D"Street,San Bernardino,
California 92418,on the following proposed ordinance(s)to amend the City of San Bernardino Municipal Code:
DEVELOPMENT CODE AMENDMENT NO.12-07—A proposal to amend Title 19 of the San Bernardino Municipal
Code,Land Use/Subdivision Regulations,also known as the San Bernardino Development Code,to ensure consistency
throughout the Development Code and with certain state laws,and to allow limited retail sales in the Industrial Heavy
Land Use District.
Proposed by: City of San Bernardino
Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3)
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The Planning Commission invites your participation in evaluating these proposals.The public is welcome to speak at the
public hearing or to submit written comments prior to the hearing. The Planning Commission will make
recommendations to the Mayor and Common Council for final action on Development Code Amendments. For more
information,please contact the Planning Division of the Community Development Department at City Hall,or by phone c
at(909)384-5057.If you challenge the final action of the Mayor and Common Council in court,you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice, or by written
correspondence delivered to the Planning Division at or prior to the public hearing. o
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Submitted: October 3,2012
Publish: October 6,2012(minimum 1/8 Page Ad) o
"c13
Please send first proof for verification or changes by e-mail to Melissa Thurman: thurman me(acsbcitv.orC. Please
reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division, 300 North"D"
rn
Street, San Bernardino,CA 92418.
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