HomeMy WebLinkAbout6C-Community Development 6.0
ORDINANCE (ID #2134) DOC ID: 2134 A
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 Revise the Standards Contained Within Chapter 19.70, Temporary Use Permits. (FIRST
READING)
Financial Impact:
There will be no direct financial impact to the General Fund.
Mayor to open the hearing. . .
Motion: Close the hearing; and lay over Ordinance for final adoption.
ANALYSIS
In conjunction with the Development Code clean-up process (per DCA 12-06 and DCA 12-07),
and to provide better and more efficient customer service to the community as a whole,
amendments to the Temporary Use Permit (TUP) process are proposed (Attachment A). In
summary, the proposed revisions to Chapter 19.70, Temporary Use Permits, include: renaming
the existing TUP process as "Special Event Permit," which will apply to large gatherings (over
100 people, circuses, etc.) and establishing new simpler TUP standards for small-scale events;
clarifying definitions, exemptions, prohibited uses, and standards including time limits for TUP's
and Special Event Permits; and establishing standards for fundraising car washes, food truck
events and certified farmers markets.
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 on 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).
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. The proposed revisions to the Temporary Use Permit standards will enable
staff to more effectively process TUP applications, thus potentially encouraging the use
of such applications by local businesses to hold events that generate additional sales tax
revenues for the City.
Updated: 11/29/2012 by Heidi Aten A Packet P ." "'
IT 6C I
i
2134
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
enable City staff to process Temporary Use Permit 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 QUALITY 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. 12-08.
RECOMMENDATION
Close the hearing and lay over Ordinance for final adoption.
City Attorney Review:
Supporting Documents:
Ord 2134 (PDF)
Attachment 2 -Exhibit A to Ord (PDF)
4 DCA 12-08 (PDF)
Updated: 11/29/2012 by Heidi Aten A Packet ° .45
6.C.a I
1 ORDINANCE NO.
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 REVISE THE STANDARDS CONTAINED WITHIN CHAPTER 19.70,
TEMPORARY USE PERMITS.
5
WHEREAS, the current Development Code was initially implemented in 1991, and
6 since that time, new types of temporary uses have been established industry-wide (i.e., food
7 truck events); and
8
9 WHEREAS, to provide better and more efficient customer service to the community c
d
10 as a whole, amendments to the way in which certain applications are processed are proposed; c
and
11
12 WHEREAS, on November 6, 2012, the Legislative Review Committee reviewed and 3
13 unanimously recommended that the proposed amendments (Attachment A) be moved to the E
14 Planning Commission; and
15
WHEREAS, on November 14, 2012, the Planning Commission of the City of San
16 Bernardino held a noticed public hearing to consider public testimony and the staff report N
17 recommending proposed amendments to the City Municipal Code, and unanimously M
18 recommended approval of the proposed Development Code Amendments to the Mayor and "
19 Common Council; and 0
20
WHEREAS, notice of the public hearing for the Mayor and Common Council's
21 consideration of the proposed Ordinance was published in The Sun newspaper on November a
22 21,2012.
23
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
24 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
25
26 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
are true and hereby adopt and incorporate them herein.
27
28
I
Packet Ket Pg.46
6.C.a
1 SECTION 2. Findings of Fact.
2 A. The proposed amendment is consistent with the General Plan. Economic
3 Development Policy 4.9.1 calls for the City to monitor and strive to capture an increasing
4 percentage of the day-to-day regional shopping needs of the resident population. The
proposed revisions to the Temporary Use Permit standards will enable staff to more
5
effectively process TUP applications, thus
Y P pp potentially encouraging the use of such
6 applications by local businesses to hold events that generate additional sales tax revenues for
7 the City.
8 is
0
9 B. 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 4
10 not directly result in development and therefore, will not be detrimental to the public health or
I1
safety. The proposed amendment will enable City staff to process Temporary Use Permit
12 applications more effectively and efficiently, and will make the Code more user-friendly, thus c°�
13 improving upon the public interest, convenience and welfare in the City.
14 0
SECTION 3. The amendments to Title 19 of the San Bernardino Municipal Code, d
15 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code
16
attached hereto as Exhibit A, and incorporated herein by reference, are hereby approved.
17
SECTION 4. Compliance with the California Environmental Quality Act: The N
18 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
19 Municipal Code (Development Code) is exempt from the California Environmental Quality
Y
20 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
21 not result in a direct or reasonably foreseeable indirect physical change in the environment.
22 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
23 clause or phrase in this Ordinance or any part thereof is for any reason held to be
24 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
25 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and Common Council hereby declares that it would have adopted
26 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
27 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
28 Ill
Packet Pg.47
I ^6.C.a
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF
THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
2 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
CODE, TO REVISE THE STANDARDS CONTAINED WITHIN CHAPTER 19.70,
3 TEMPORARY USE PERMITS.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
5 and
6 Common Council of the City of San Bernardino at a meeting thereof, held on
the day of ,2012, by the following vote to wit:
8 o
N
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ E
JENKINS
11 VALDIVIA
a
12 SHORETT c
KELLEY
13
JOHNSON
a
14 MC CAMMACK
15 0
16
17 M Georgeann Hanna, City Clerk
18
19 The foregoing Ordinance is hereby approved this day of
20 2012.
21
22
23 PATRICK J. MORRIS, Mayor
Approved as to form: City of San Bernardino
24
25 JAMES F. PENMAN
26 City Attorney
27
28
Packet Pp 48
6.G.b aa`. 'r
EXHIBIT A
CHAPTER 19.70
TEMPORARY USE AND SPECIAL EVENT PERMITS
Section Page
19.70.010 Purpose IV-86
19.70.020 Permitted Uses—Temporary Use Permits IV- o
19.70.025 Permitted Uses—Special Event Permits IV-
19.70.030 Exemptions N- d
19.70.031 Prohibited Uses IV- E
19.70.035 Development and Operational Standards for Temporary Use Permits IV- d
19.70.036 Development and Operational Standards for Special Event Permits IV- E
19.70.040 Application and Permit Issuance IV- d
19.70.050 Findings IV- o
19.70.060 Conditions of Approval IV- c
o
19.70.070 Condition of Site Following Temporary Use IV- E
19.70.080 Revocation N- c
d
19.70.010 PURPOSE o
Tr
The Temporary Use and Special Event Permits allows for short-term activities which may be r
appropriate when regulated.
12
L
19.70.020 PERMITTED USES—TEMPORARY USE PERMITS o
Q
The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:
s
x
1. Real estate offices and model homes within approved development projects; "'
N
Y
2. On- and off-site contractors' construction yards in conjunction with an approved e.
development project; s
V
la
3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid a
residential building permit is in force; d
E
4. Pumpkin and Christmas tree sale lots;
IS
w
5. Fireworks stands; a
6. Emergency public health and safety needs;
7. Temporary vehicle sales and car shows held at San Manuel Park;
8. Fund-raising car washes;
Packet n Pg.49
6.C.b
A
9. Produce stands in community gardens;
10. Food carts, operated at fixed,pre-approved locations in the Main Street Overlay District;
11. Food trucks on private property(limit of three trucks);
12. Group assemblies not subject to Section 19.70.025; and
13. Similar temporary uses which, in the opinion of the Director are compatible with the land
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses
Permitted). E
19.70.025 PERMITTED USES—SPECIAL EVENT PERMITS
The following temporary uses may be permitted, subject to the issuance of a Special Event Permit: c
1. Group assemblies with more than 100 attendees and/or for a duration longer than three days
(excluding set-up and break-down); a
0
2. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal ',
Code;
3. Fairs, festivals and concerts, when not held within premises designed to accommodate such
events, such as auditoriums. stadiums, or other public assembly facilities;
O
4. Food truck events(more than three trucks).
5. Certified Farmers Markets.
19.70.030 EXEMPTIONS
w
The following uses are exempt from the provisions of this chapter:
1. Garage and yard sales, provided the sales do not occur more than 12 times per year, for no
more than three days per event, and only on the third weekend of the month, in compliance
with Municipal Code Section 8.14.070. E
42. Temporary outdoor displays and sales,pursuant to Chapter 5.22 of the Municipal Code.
23. City-sponsored uses and activities,or activities occurring on City-owned property, occurring
at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits,
encroachment permits, etc.)may be required.
Packet g.50
6.C.b
EXHIBIT A
19.70.031 PROHIBITED USES
1. Any use not allowed in the underlying land use district.
2. Any food preparation activity, except for approved food carts, food trucks, or in conjunction
as an accessory to an approved larger-scale temporary use or special event (i.e., food
preparation as part of a carnival or company employee appreciation event).
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to
an event sponsored by an educational, fraternal, religious, or service organizations directly
engaged in civic or charitable efforts, or to tax exempt organizations in compliance with
501(c)of the Federal Revenue and Taxation Code(i.e., flower stands at a service station).
4. Car washes not sponsored by an educational, fraternal, religious, or service organizations
directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance Q
with 501(c) of the Federal Revenue and Taxation Code or by a bereaved family, and/or not c
located on the property controlled by the sponsoring entity, or on sites approved and
developed as a commercial car wash.
E
Q.
5. Animal rides/petting zoos not in conjunction as an accessory to an approved larger-scale
temporary use of special event(i.e.,with a Christmas tree sales event or carnival). o
6. Any other temporary use determined to be a nuisance or which does not comply with the
requirements of this Development Code(i.e., located in a required parking space).
V
19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR TEMPORARY 0
USE PERMITS
A. Real Estate Office and Model Homes
1. Accessory facility only. On-site temporary real estate offices or temporary model N
home complexes, may be established only within the boundaries of a residential
subdivision for the limited purpose of conducting sales of parcels within the same
subdivision. Off-site sales of parcels from any temporary office shall require a
ca
Conditional Use Permit.
w
c
2. Allowed locations. In all residential land use districts and all mixed-use
developments with a residential component. c
ca
3. Requirements. A temporary real estate sales office of model home complex
established or maintained in compliance with this Subsection shall meet all of the
following requirements:
a. An agreement and a cash deposit or surety bond in an amount sufficient to
guarantee to the City the removal of the sales office or model home complex,
or the restoration of the premises in conformity with the approved
Packet Pg.51
6.C.b
EXHIBIT A
Development Permit and with the applicable provisions of this Development
Code within 60 days after the last residence or parcel within the subdivision
has been sold and escrow closed shall be required.
b. Off-street parking shall be provided at the same ratio as required for offices
in compliance with Chapter 19.24(Off-Street Parking Standards).
4. Duration. The temporary real estate sales office and temporary model home
complex may be maintained until all of the on-site parcels in the subdivisions have o
been sold and the escrow closed.
w
B. On- and Off-Site Contractors' Construction Yards - Shall be operated only in conjunction
with an approved building permit. The construction yard shall be removed immediately c
upon completion of the construction project.
C. Temporary Residence — Shall be limited to the property owner and only when a valid c
residential building permit is in force. (-)
c
D. Pumpkin and Christmas Tree Sale Lots
a
0
1. Exemptions. A permit shall not be required when such sales are in conjunction with ',
an established commercial business holding a valid business registration certificate.
2. Duration. Pumpkin/Christmas tree sales shall only be held from October 1 through
December 31. -c
L
O
3. Vacant Lots. Applicants for Pumpkin/Christmas tree sales proposed on vacant lots
shall provide adequate on-site parking spaces and access. A site plan shall be
submitted to the Planning Division for review and approval and a $1,000 cash
deposit shall be provided to ensure clean-up of the site.
E. Fireworks Stands — Allowed with a Temporary Use Permit when in compliance with 6.
Chapter 8.60 of the Municipal Code. E
F. Temporary Vehicle Sales and Car Shows may be held in the San Manuel Park, subject to an
approved Temporary Use Permit. These activities are limited to twice per calendar year for
a maximum of seven days per event type.
G. Fund-Raising Car Washes w
1. Sponsorship shall be limited to educational, fraternal, religious, or service
organizations directly engaged in civic or charitable efforts, or to tax exempt
organizations in compliance with 501(c) of the Federal Revenue and Taxation Code,
or to bereaved families.
P
P ac et g 52
�� Itl4ti tii
6.C.b
EXHIBIT A
2. Fund-raising car washes shall occur no more than 12 days per calendar year per
property.
3. Fund-raising car washes shall occur on the property controlled by the sponsoring
entity, or on sites approved and developed as a commercial car wash.
4. Fund-Raising car washes shall be conducted in compliance with applicable
stormwater regulations to minimize potential water quality impacts.
H. Food Carts — Shall be operated only at fixed, pre-approved locations in the Main Street
Overlay District, at least 500 feet away from any restaurant and under current permits from
the County Environmental Health Services Division.
Food Trucks — Shall be limited to no more than three trucks at any one time, on the same
property occupied by the business/establishment hosting the temporary event, for no more
than three days per event,with no event occurring more than twice per year per location and c
under current permits from the County Environmental Health Services Division. For the c)
purposes of this Subsection, a shopping/business center shall count as a single host d
business/establishment. All other food truck events shall comply with Section 19.70.036 Q.
(Development and Operational Standards for Special Event Permits). —°
d
J. Group Assembly—A Temporary Use Permit shall be required for a group assembly not to
exceed 100 persons nor continue for a duration exceeding three days (excluding set-up and
break-down). A Special Event Permit shall be required for all group assemblies exceeding
these parameters, and for all circuses, rodeos, carnivals, fairs, festivals and concerts when 12
not held within premises designed to accommodate such events, such as auditoriums, O
stadiums or other public assembly facilities. No permit is required for group assemblies that w
occur completely indoors and within premises designed to accommodate such events.
19.70.036 DEVELOPMENT AND OPERATIONAL STANDARDS FOR SPECIAL EVENT
PERMITS N
w
_
A. Group assemblies over 100 attendees or for a duration longer than three days(excluding set-
up and break-down), and for circuses, rodeos, carnivals, fairs, festivals, concerts and similar
co
uses, a Special Event Permit shall be required unless the event occurs in a facility designed
to accommodate such events. Events subject to a Special Event Permit shall occur no more
than a maximum of 15 days per 180-day period per location. E
B. Food Truck Events—In addition to complying with all applicable San Bernardino food truck
event requirements, a Special Event Permit shall be required for all proposed food truck
events that do not meet the criteria stated in Section 19.70.035.1.
1. Location. Food truck events may occur on any property improved with a non-
residential land use up to two times per year per location for a maximum of three
days per event. A Special Event Permit does not allow a food truck operator to roam
Packet Pg.53
6.C.b
EXHIBIT A
the City streets. Food trucks operated in associated with an approved Special Event
Permit must operate from the approved location per the permit only.
2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved
surfaces.
C. Certified Farmers Markets are allowed in the CG-1,CG-2, CG-3,CR-1,CR-2,CR-3,CCS-
1,CCS-2,CCS-3 and CH land use districts subject to the following criteria:
1. Such use shall be limited to not more than 120 days in a calendar year. N
2. Adequate provisions for traffic circulation, off-street parking, and pedestrian
safety shall be provided to the satisfaction of the Community Development
Director. °'
Q
3. Seventy-five percent (75%) of the total farmers market sales area must be for the c
sale of farm products such as fruits, vegetables, nuts, herbs, eggs, honey, livestock r
food products (meat,milk, cheese, etc.), or flowers and value added farm products
such as baked goods,jams, and jellies. Q.
4. Farmers markets shall be certified and comply with the requirement of Chapter o
10.5 Direct Marketing Requirements of Division 17 of the California Food and
Agriculture Code. r
N
5. All farmers markets shall have a market manager authorized to direct the
operations of all vendors participating in the market on site during hours of
operation. Farmers market managers shall obtain and have on site all operating
and health permits during hours of operation.
6. Operating rules, hours of operation, and maintenance and security requirements
shall be submitted for review to the satisfaction of the Community Development N
Director.
a>
E
19.70.040 APPLICATION AND PERMIT ISSUANCE
A. General. A Temporary Use Permit or Special Event Permit shall be required prior to
commencement of any use listed in Sections 19.70.020 and 19.70.025. A Temporary Use E
Permit or Special Event Permit may be approved, modified, conditioned, or denied by the 5
Director, or the Director may refer such application to the Commission. Decisions of the Y
Director may be appealed to the Commission pursuant to Chapter 19.52 (Hearings and
Appeals).
All events associated with any Temporary Use Permit or Special Event Permit shall
operate in compliance with all of the conditions associated with the Temporary Use
Permit or Special Event Permit.
Packet PO
6.C.b
EXHIBIT A
A copy of the approved Temporary Use Permit or Special Event Permit, along with the
associated conditions, shall be in the possession of the person in charge during the event.
Such copies shall immediately be presented to any City enforcement official upon request
for examination.
Submittal Requirements(all applications).
1. A completed application form and Notarized property owner's authorization shall be
provided. o
N
2. Flame resistance certificate and specifications for tents/canopies. c
3. List of all vendors and type of service provided.
E
4. All applicable fees,including any cleanup deposit,shall be provided. d
0
B. Temporary Use Permit Applications.
1. Time to submit - A completed application form and fees shall be submitted no less
0
than 10 working days from the date of the beginning of the proposed use (bereaved d
families submitting an application for a TUP, such as a fund-raising car wash, may o
submit an application at least five days in advance of the proposed event).
M
2. Review procedures - Upon receipt of a completed application and all related fees,
the Community Development Department shall review and approve, modify,
condition or deny the application. Note that review by outside agencies (i.e., the 0
Fire Department or County Health Department)may be required.
C. Special Event Permit Applications. x
1. Time to submit - A completed application form and fees shall be submitted no less N
than 60 working days from the date of the beginning of the proposed use.
E
2. Review procedures - Upon receipt of a completed application and all related fees,
the Community Development Department shall route the application to all
applicable outside agencies responsible for reviewing the application (i.e., Police,
Fire, County Health Department, etc.). Upon obtaining proof that all requirements
of all outside reviewing agencies are met, the Community Department shall review
and approve,modify,condition or deny the application. as
3. If off-site parking is required, the applicant shall provide proof from the owners of
the properties on which the parking will be provided that the parking spaces to be
used are not required parking spaces, or that the parking spaces used in conjunction
with the special event will not be used during normal business hours. Additionally,
the applicant shall provide a plan for shuttles or other means to ensure the safe
passage of event attendees between the off-site parking spaces and the event.
Packet Pg.55
6.C.b nh
EXHIBIT A
19.70.050 FINDINGS
Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property
development standards that apply to the category of use or the land use district of the subject site
shall be used as a guide for determining the appropriate development standards for a temporary use.
All activities shall be limited to their specified land use districts. A Temporary Use Permit or
Special Event Permit may only be issued for activities allowed in the underlying land use district.
The Director may approve or conditionally approve a Temporary Use Permit or Special Event c
Permit application only when all the findings contained in Section 19.36.050 (Conditional Use
Permits) are made.
E
19.70.060 CONDITIONS OF APPROVAL
a,
E
In approving an application for a Temporary Use Permit or Special Event Permit, the Director may
impose conditions deemed necessary to ensure that the permit will be in accordance with the c
findings required by Section 19.36.050. These conditions may involve any pertinent factors
affecting the operation of such temporary event,or use,and may include,but are not limited to:
Q.
1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or 1 year for all other uses or structures, or for a o
shorter period of time as determined by the Director or as specified in this Chapter. Food ..
carts and produce stands may be permitted for one year initially, and renewed annually,
subject to verification of compliance with conditions of approval and County permit
requirements, as applicable.
O
2. Provision for temporary parking facilities, including vehicular ingress and egress and any
necessary shuttles or other means to ensure safe passage of event attendees from off-site
parking areas to the event. The use of off-site private parking lots overflow parking may x
only occur if there is a demonstrated need for the additional parking and that the additional
parking spaces are not required parking spaces, or the business(es) providing the parking ca
will be closed when the parking spaces are to be used in conjunction with the temporary or
special event;
t
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination or drainage on adjacent properties, noise, vibration, smoke, dust, dirt, odors, •
gases,and heat;
4. Regulation of temporary structures and facilities,including placement,height and size,location
of equipment and open spaces, including buffer areas and other yards; a
5. Provision for sanitary and medical facilities,including toilet facilities;
6. Provision for solid,hazardous and toxic waste collection, including receptacles for trash and
recyclables, and disposal;
Pac
6.C.b
EXHIBIT A
7. Provision for security and safety measures,including fencing and lighting;
8. Standards for maintenance and upkeep,including irrigation and cutting of plant materials;
9. Regulation of signs;
10. Regulation of operating hours and days, including limitation of the duration of the
temporary use,as outlined in Condition No. 1;
11. Submission of a performance bond or other surety devices, satisfactory to the City Engineer,
to ensure that any temporary facilities or structures used will be removed from the site r
within a reasonable time following the event and that the property will be restored to its
former condition; -Ea
12. Submission of a site plan indicating any information required by this Chapter;
as
13. A requirement that the approval of the requested Temporary Use Permit or Special Event o
Permit is contingent upon compliance with applicable provisions of the Municipal Code; r
and
d
E
14. Any other conditions which will ensure the operation of the proposed temporary use in an
TD
orderly and efficient manner and in accordance with the intent and purpose of this Chapter.
19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the
temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the 12
provisions of this Development Code. A bond or cash deposit for the amount of$1,000 shall be
deposited with the City for operations that occur on vacant or undeveloped sites, to ensure cleanup
after the activity is finished. A performance security may be required for other proposed temporary
uses prior to the commencement of such activities to ensure cleanup after those activities.
w
19.70.080 REVOCATION
d
A Temporary Use Permit or Special Event Permit may be revoked or modified by the Director if E
any one of the following findings can be made:
co
1. That circumstances have changed so that one or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
2. That the Temporary Use Permit or Special Event Permit was obtained by misrepresentation Y
or fraud;
3. That one or more of the conditions of the Temporary Use Permit or Special Event Permit
have not been met;and
4. That the use is in violation of any statute, ordinance, law,or regulation.
Packet Pg.57
6.C.c I
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 12-08
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 a
REQUEST:
To amend Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations,
also known as the San Bernardino Development Code, to revise the standards contained within
Chapter 19.70,Temporary Use Permits.
E
a
0
TD
CONSTRAINTS/OVERLAYS: o
N/A
ENVIRONMENTAL FINDINGS: N
® Exempt from CEQA
❑ No Significant Effect
El Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program
❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts,Findings
and Statement of Overriding Considerations
rt.Y
STAFF RECOMMENDATION:
❑ Approval
❑ Conditions
❑ Denial
n Continuance to:
® Recommend to Mayor and Common Council
I Packet Pg.
6.Cac
DCA 12-08
October 17,2012
Page 2
ANALYSIS
In conjunction with the Development Code clean-up process (per DCA 12-06 and DCA 12-07),
and to provide better and more efficient customer service to the community as a whole,
amendments to the Temporary Use Permit (TUP) process are proposed (Attachment A). In
summary, the proposed revisions to Chapter 19.70, Temporary Use Permits, include: renaming
the existing TUP process as "Special Event Permit", which will apply to large gatherings (over
100 people, circuses, etc.) and establishing new simpler TUP standards for small-scale events;
clarifying definitions, exemptions, prohibited uses, and standards including time limits for TUPs o
and Special Event Permits; and establishing standards for fundraising car washes, food truck c;,
events and certified farmers markets. c
CD
E
On October 16, 2012, the Legislative Review Committee will review the proposed amendments. c
If the Committee expresses concerns, makes changes to, or does not support the proposed E
amendments, staff will present this information to the Planning Commission in a supplemental d
document. v
FINDINGS OF FACT c N
E
a
1. The proposed amendment is consistent with the General Plan. —o
d
a)
0
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. The proposed revisions to the Temporary Use Permit standards will enable
staff to more effectively process TUP applications, thus potentially encouraging the use c
of such applications by local businesses to hold events that generate additional sales tax
revenues for the City. a
c)
0
2. The proposed amendment would not be detrimental to the public interest, health, safety, ,:r
convenience, or welfare of the City. a
E
The proposed amendment by itself will not directly result in development and therefore, 0
will not be detrimental to the public health or safety. The proposed amendment will a
enable City staff to process Temporary Use Permit 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.
FINANCIAL IMPACT
The current fee for a Temporary Use Permit (TUP) is $463.75. Staff recommends that this fee
continued to be used for the proposed new Special Event Permit (fairs, carnivals, etc.)
application. However, since the new TUP application category (small group activities, company
picnics, etc.) is intended to result in reduced processing time, a reduction in fees will most likely
also result. Conversely, this reduction in fees may attract more applications, thus balancing the
revenues generated by fees. Another benefit is that sponsors of activities currently held without
permits may be inclined to obtain the required permits with the reduced fees.
I Packet Pg 59
6.C;c
DCA 12-08
October 17,2012
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY 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 a;
0
Code Amendment No. 12-08. 9
r
c
RECOMMENDATION
co
E
V
Staff recommends that the Planning Commission recommend Development Code Amendment ty
No. 12-08 to the Mayor and Common Council for approval. E
d
13
0
Respectfully Submitted,
o
/ 1 / : a
a)
E
. >
Tony Stewart, AICP d
Deputy Director/City Planner c
M
N
Approved for Distribution: o
/ N
Q
U
ci
`�� M'. Margo Wheeler,AICP
Community Development Director d
E
c.)RS
Attachment A: Proposed revisions to Chapter 19.70 a
Packet Pg.60 1
6Gc ,k
ATTACHMENT A
CHAPTER 19.70
TEMPORARY USE AND SPECIAL EVENT PERMITS
Section Page
19.70.010 Purpose IV-86
19.70.020 Permitted Uses—Temporary Use Permits IV-
19.70.025 Permitted Uses—Special Event Permits IV-
19.70.030 Exemptions N-
19.70.031 Prohibited Uses IV-
19.70.035 Development and Operational Standards for Temporary Use Permits N- o
19.70.036 Development and Operational Standards for Special Event Permits IV-19.70.040 Application and Permit Issuance IV- c
19.70.050 Findings E
19.70.060 Conditions of Approval IV- c
19.70.070 Condition of Site Following Temporary Use IV- E
19.70.080 Revocation IV a
d
a
0
19.70.010 PURPOSE o
o
c
The Temporary Use and Special Event Permits allows for short-term activities which may be a
appropriate when regulated. —°
d
d
19.70.020 PERMITTED USES—TEMPORARY USE PERMITS o
The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: N
co
1. Real estate offices and model homes within approved development projects; N
2. On- and off-site contractors' construction yards in conjunction with an approved Q o
development project; .4
r
3. Trailer, coach or mobile home as a temporary residence of the property owner when a valid a
residential building permit is in force. The permit may be granted for up to 180 days, or s
co
a
4. Pumpkin and Christmas tree sale lots; . - - , • - - : : •' :: - • -
5. Fireworks . . , - -: . •.. _ . . - ..-e . .- .. . ..-;
Code;
•
1
I i i Oi i 4o-
61 a'
c
46. Emergency public health and safety needs;
Permitted). MC 972 7/4/96
407. Temporary vehicle sales and car shows - . - - • - -•- --• - • - • held at
San Manuel Park, . .•- _ .. . - .. ., _ - •- -• . �. .- -
8. Fund-raising car washes; o
9. Produce stands in community gardens;
a)
410. Food carts, operated at fixed, pre-approved locations in the Main Street Overlay District;—at
8. Produce stands in community gardens; v
E
11. Food trucks on private property(limit of three trucks);
a
12. Group assemblies not subject to Section 19.70.025;and d
0
13. Similar temporary uses which, in the opinion of the Director are compatible with the land
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses N
Permitted).
9
19.70.025 PERMITTED USES—SPECIAL EVENT PERMITS
1. Group assemblies with more than 100 attendees and/or for a duration longer than three days
(excluding set-up and break-down);
2. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal
Code;
3. Fairs, festivals and concerts,when not held within premises desired to accommodate such
events,such as auditoriums. stadiums,or other public assembly facilities;
4. Food truck events(more than three trucks).
5. Certified Farmers Markets.
19.70.030 EXEMPTIONS
The following uses are exempt from the provisions of this chapter:
2
I Packet g rI
6.C.c
1. Garage and yard sales, provided the sales do not occur more than 12 times per year, for no
more than three days per event, and only on the third weekend of the month, in compliance
with Municipal Code Section 8.14.070.
12. Temporary outdoor displays and sales,pursuant to Chapter 5.22 of the Municipal Code.
23. City-sponsored uses and activities,or activities occurring on City-owned property,occurring
at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building permits,
encroachment permits,etc.)may be required.
19.70.031 PROHIBITED USES
1. Any use not allowed in the underlying land use district.
2. Any food preparation activity,except for approved food carts, food trucks,or in conjunction
as an accessory to an approved larger-scale temporary use or special event (i.e., food -a
preparation as part of a carnival or company employee appreciation event).
3. Outdoor sale of goods not accessory to a primary retail use on the property or accessory to .o
an event sponsored by an educational, fraternal, religious, or service organizations directly
engaged in civic or charitable efforts, or to tax exempt organizations in compliance with c
501(c)of the Federal Revenue and Taxation Code(i.e.,flower stands at a service station).
a
4. Car washes not sponsored by an educational, fraternal, religious, or service organizations
directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance o
with 501(c) of the Federal Revenue and Taxation Code or by a bereaved family, and/or not
located on the property controlled by the sponsoring entity, or on sites approved and
developed as a commercial car wash.
5. Animal rides/petting zoos not in conjunction as an accessory to an approved larger-scale
temporary use of special event(i.e., with a Christmas tree sales event or carnival).
6. Any other temporary use determined to be a nuisance or which does not comply with the
requirements of this Development Code(i.e.,located in a required parking space).
E
19.70.035 DEVELOPMENT AND OPERATIONAL STANDARDS FOR TEMPORARY
USE PERMITS r
a
A. Real Estate Office and Model Homes
1. Accessory facility only. On-site temporary real estate offices or temporary model
home complexes, may be established only within the boundaries of a residential
subdivision for the limited purpose of conducting sales of parcels within the same
subdivision. Off-site sales of parcels from any temporary office shall require a
Conditional Use Permit.
2. Allowed locations. In all residential land use districts and all mixed-use
developments with a residential component.
3
Packet Pg.63
6.C.c
3. Requirements. A temporary real estate sales office of model home complex
established or maintained in compliance with this Subsection shall meet all of the
following requirements:
a. An agreement and a cash deposit or surety bond in an amount sufficient to
guarantee to the City the removal of the sales office or model home complex,
or the restoration of the premises in conformity with the approved
Development Permit and with the applicable provisions of this Development
Code within 60 days after the last residence or parcel within the subdivision
has been sold and escrow closed shall be required.
b. Off-street parking shall be provided at the same ratio as required for offices
in compliance with Chapter 19.24(Off-Street Parking Standards). N
4. Duration. The temporary real estate sales office and temporary model home
complex may be maintained until all of the on-site parcels in the subdivisions have
been sold and the escrow closed. CD
E
B. On- and Off-Site Contractors' Construction Yards - Shall be operated only in conjunction
with an approved building permit. The construction yard shall be removed immediately
upon completion of the construction project.
CD
E
C. Temporary Residence — Shall be limited to the property owner and only when a valid
residential building permit is in force. Tv
w
D. Pumpkin and Christmas Tree Sale Lots
1. Exemptions. A permit shall not be required when such sales are in conjunction with
an established commercial business holding a valid business registration certificate. o
2. Duration. Pumpkin/Christmas tree sales shall only be held from November 1 v
through December 31.
3. Vacant Lots. Applicants for Pumpkin/Christmas tree sales proposed on vacant lots
shall provide adequate on-site parking spaces and access. A site plan shall be E
submitted to the Planning Division for review and approval and a $1,000 cash
CO
deposit shall be provided to ensure clean-up of the site.
E. Fireworks Stands — Allowed with a Temporary Use Permit when in compliance with
Chapter 8.60 of the Municipal Code.
F. Temporary Vehicle Sales and Car Shows may be held in the San Manuel Park, subject to an
approved Temporary Use Permit. These activities are limited to twice per calendar year for
a maximum of seven days per event type.
G. Fund-Raising Car Washes
1. Sponsorship shall be limited to educational, fraternal, religious, or service
organizations directly engaged in civic or charitable efforts, or to tax exempt
4
Packet Pg.64
ahhi
6.C.c
organizations in compliance with 501(c) of the Federal Revenue and Taxation Code,
or to bereaved families.
2. Fund-raising car washed shall occur no more than 12 days per calendar year per
property.
3. Fund-raising car washes shall occur on the property controlled by the sponsoring
entity,or on sites approved and developed as a commercial car wash.
4. Fund-Raising car washes shall be conducted in compliance with applicable
stormwater regulations to minimize potential water quality impacts.
H. Food Carts — Shall be operated only at fixed, pre-approved locations in the Main Street °
•
Overlay District, at least 500 feet away from any restaurant and under current permits from r
the County Environmental Health Services Division. a
Food Trucks — Shall be limited to no more than three trucks at any one time, on the same
CD
property occupied by the business/establishment hosting the temporary event, for no more
than three days per event, with no event occurring no more than twice per year per location CD
and under current permits from the County Environmental Health Services Division. For
the purposes of this Subsection, a shopping/business center shall count as a single host
business/establishment. All other food truck events shall comply with Section 19.70.036
(Development and Operational Standards for Special Event Permits).
0
J. Group Assembly—A Temporary Use Permit shall be required for a group assembly not to
exceed 100 persons nor continue for a duration exceeding three days (excluding set-up and
break-down). A Special Event Permit shall be required for all group assemblies exceeding
these parameters, and for all circuses, rodeos, carnivals, fairs, festivals and concerts when
not held within premises designed to accommodate such events, such as auditoriums, o
stadiums or other public assembly facilities. No permit is required for group assemblies that
occur completely indoors and within premises designed to accommodate such events.
19.70.036 DEVELOPMENT AND OPERATIONAL STANDARDS FOR SPECIAL EVENT
PERMITS
E
A. Group assemblies over 100 attendees or for a duration longer than three days(excluding set-
ea
up and break-down),and for circuses,rodeos, carnivals, fairs, festivals, concerts and similar
uses, a Special Event Permit shall be required unless the event occurs in a facility designed
to accommodate such events. Events subject to a Special Event Permit shall occur no more
than a maximum of 15 days per 180-day period per location.
B. Food Truck Events—In addition to complying with all applicable San Bernardino food truck
event requirements, a Special Event Permit shall be required for all proposed food truck
events that do not meet the criteria stated in Section 19.70.035.I.
1. Location. Food truck events may occur on any property improved with a non-
residential land use up to two times per year per location for a maximum of three
days per event. A Special Event Permit does not allow a food truck operator to roam
5
Packet Pg.65
� 1
k .
6.C.c
the City streets. Food trucks operated in associated with an approved Special Event
Permit must operate from the approved location per the permit only.
2. Vacant lots. Food truck events shall not occur on vacant lots or on unpaved
surfaces.
C. Certified Farmers Markets are allowed in the CG-1,CG-2,CG-3,CR-1,CR-2,CR-3,CCS-
1,CCS-2,CCS-3 and CH land use districts subject to the following criteria:
1. Such use shall be limited to not more than 120 days in a calendar year.
2. Adequate provisions for traffic circulation, off-street parking, and pedestrian
safety shall be provided to the satisfaction of the Community Development
Director.
3. Seventy-five percent (75%) of the total farmers market sales area must be for the
sale of farm products such as fruits,vegetables,nuts, herbs, eggs,honey, livestock
food products(meat,milk,cheese, etc.),or flowers and value added farm products
such as baked goods,jams,and jellies.
0
C.)
4. Farmers markets shall be certified and comply with the requirement of Chapter
10.5 Direct Marketing Requirements of Division 17 of the California Food and
Agriculture Code. c
5. All farmers markets shall have a market manager authorized to direct the
operations of all vendors participating in the market on site during hours of
operation. Farmers market managers shall obtain and have on site all operating
and health permits during hours of operation.
6. Operating rules, hours of operation, and maintenance and security requirements
shall be submitted for review to the satisfaction of the Community Development
Director.
19.70.040 APPLICATION AND PERMIT ISSUANCE
E
A. General. A Temporary Use Permit or Special Event Permit may be approved, modified,
conditioned, or denied by the Director. The Director may refer such application to the
Commission. Decisions of the Director may be appealed to the Commission pursuant to
Chapter 19.52(Hearings and Appeals).
Submittal Requirements(all applications).
1. A completed application form and Notarized property owner's authorization shall be
provided.
2. Flame resistance certificate and specifications for tents/canopies.
3. List of all vendors and type of service provided.
6
Packet Pg.66
q�k m
6.C.c
4. All applicable fees,including any cleanup deposit,shall be provided.
13. Temporary Use Permit Applications.
1. Time to submit - A completed application form and fees shall be submitted no less
than 10 working days from the date of the beginning of the proposed use.
2. Review procedures - Upon receipt of a completed application and all related fees,
the Community Development Department shall review and approve, modify,
condition or deny the application. Note that review by outside agencies (i.e., the
Fire Department or County Health Department)may be required.
C. Special Event Permit Applications.
1. Time to submit - A completed application form and fees shall be submitted no less
than 60 working days from the date of the beginning of the proposed use.
2. Review procedures - Upon receipt of a completed application and all related fees, .�
the Community Development Department shall route the application to all
applicable outside agencies responsible for reviewing the application (i.e., Police,
Fire, County Health Department, etc.). Upon obtaining proof that all requirements
of all outside reviewing agencies are met, the Community Department shall review
and approve,modify,condition or deny the application. TD
w
3. If off-site parking is required, the applicant shall provide proof from the owners of
the properties on which the parking will be provided that the parking spaces to be
used are not required parking spaces, or that the parking spaces used in conjunction
with the special event will not be used during normal business hours. Additionally., o
the applicant shall provide a plan for shuttles or other means to ensure the safe CNI
passage of event attendees between the off-site parking spaces and the event.
19.70.050 FINDINGS
Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property
development standards that apply to the category of use or the land use district of the subject site
shall be used as a guide for determining the appropriate development standards for a temporary use.
All activities shall be limited to their specified land use districts. A Temporary Use Permit or
Special Event Permit may only be issued for activities allowed in the underlying land use district.
The Director may approve or conditionally approve a Temporary Use Permit or Special Event
Permit application only when all the findings contained in Section 19.36.050 (Conditional Use
Permits)are made.
19.70.060 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit or Special Event Permit,the Director may
impose conditions deemed necessary to ensure that the permit will be in accordance with the
7
Packet Pg. 67
6 C.c
findings required by Section 19.36.050. These conditions may involve any pertinent factors
affecting the operation of such temporary event, or use,and may include,but are not limited to:
1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or 1 year for all other uses or structures, or for a
shorter period of time as determined by the Director or as specified in this Chapter. Food
carts and produce stands may be permitted for one year initially, and renewed annually,
subject to verification of compliance with conditions of approval and County permit
requirements,as applicable. MC 972 7/4/96 MC 1363 8/1/11
2. Provision for temporary parking facilities, including vehicular ingress and egress and any
necessary shuttles or other means to ensure safe passage of event attendees from of site
parking areas to the event. The use of off-site private parking lots overflow parking may N
only occur if there is a demonstrated need for the additional parking and that the additional w
parking spaces are not required parking spaces, or the business(es) providing the parking
will be closed when the parking spaces are to be used in conjunction with the temporary or
special event;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct •
illumination or drainage on adjacent properties, noise, vibration, smoke, dust, dirt, odors, c)
gases, and heat;
E
4. Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces,including buffer areas and other yards;
5. Provision for sanitary and medical facilities;
6. Provision for solid,hazardous and toxic waste collection and disposal;
7. Provision for security and safety measures, including fencing and lighting;
U
8. Standards for maintenance and upkeep,including irrigation and cutting of plant materials;
9. Regulation of signs;
E
10. Regulation of operating hours and days, including limitation of the duration of the
temporary use,as outlined in Condition No. 1;
11. Submission of a performance bond or other surety devices, satisfactory to the City Engineer,
to ensure that any temporary facilities or structures used will be removed from the site
within a reasonable time following the event and that the property will be restored to its
former condition;
12. Submission of a site plan indicating any information required by this Chapter;
13. A requirement that the approval of the requested Temporary Use Permit or Special Event
Permit is contingent upon compliance with applicable provisions of the Municipal Code;
and
8
I Packet Pg.68 I
6.C.c'
14. Any other conditions which will ensure the operation of the proposed temporary use in an
orderly and efficient manner and in accordance with the intent and purpose of this Chapter.
19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter,or any other evidence of the
temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the
provisions of this Development Code. A bond or cash deposit for the amount of$1,000 shall be
deposited with the City for operations that occur on vacant or undeveloped sites, to ensure cleanup
after the activity is finished. A performance security may be required for other proposed temporary
uses prior to the commencement of such activities to ensure cleanup after those activities.
19.70.080 REVOCATION o
A Temporary Use Permit or Special Event Permit may be revoked or modified by the Director if E
any one of the following findings can be made:
1. That circumstances have changed so that one or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
0
2. That the Temporary Use Permit or Special Event Permit was obtained by misrepresentation
or fraud; a,
0.
0
3. That one or more of the conditions of the Temporary Use Permit or Special Event Permit
have not been met;and d
4. That the use is in violation of any statute,ordinance,law,or regulation.
N
op
O
N
U
m
E
v
4-
9
rni w i Pa�
6 c
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.12-08—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 revise the standards
contained within Chapter 19.70,Temporary Use Permits.
Proposed by: City of San Bernardino
Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3)
The Planning Commission invites your participation in evaluating these proposals.The public is welcome to speak at the o
public hearing or to submit written comments prior to the hearing. The Planning Commission will make N
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
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.
m
0
U
Submitted: October 3,2012
Publish: October 6,2012(minimum 1/8 Page Ad)
o.
Please send first proof for verification or changes by e-mail to Melissa Thurman: thurman meccesbcity.ore.. Please
reference"PC Display Ad"on the billing and send to the City of San Bernardino, Planning Division, 300 North"D" °)
Street,San Bernardino,CA 92418.
M
co
O
N_
as
U
m
E
Packet g.70