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HomeMy WebLinkAbout05.C- Community Development ORDINANCE (ID#2119) DOC ID: 2119 B O CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 12/17/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: j 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. (FINAL 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(111) land use district. Motion: Adopt the Ordinance. 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 staff-mg 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 2. Handicapped parking spaces shall be provided for all uses other than residential at the Updated: 12/5/2012 by Linda Sutherland B Packet Pg. 23 2119 following rate: Total Number of Parking Spaces Provided Number of Handicapped Parking Spaces Required 1-25 26-50 51-75 76-100101-150 1 2 3 4 5 6 7 8 9 Two percent of 151-200 201-300 3011100 401-500 total 7N+ 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 Department 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 (DRQ A. MEMBERSHIP Updated: 12/5/2012 by Linda Sutherland B 2119 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 (v 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 CLAND USE ACTIVITY CH OI IL IH IE Updated: 12/5/2012 by Linda Sutherland B Packet Pg. 25 2119 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 QUALITY ACT (CEOA) 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: Q .Supllortine Documents: Updated: 12/5/2012 by Linda Sutherland B 2119 Ord 2119 (PDF) Attachment 2 -Exhibit A to Ord (PDF) 3 DCA 12-07 (PDF) Updated: 12/5/2012 by Linda Sutherland B S.C.a I 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 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 8 4 WHEREAS, changes to the organization and staffing in the City have not been 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 a 12 WHEREAS, since 1991, there has been a need to update the Development Code with $ U 13 regard to the regulations of the state of California with regard to handicap-accessible parking; m and E 14 C "> 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 17 customer service; and 18 N WHEREAS, to provide better and more efficient customer service to the community p 19 as a whole, amendments to the way in which certain applications are processed are proposed; d 20 and r 21 z a 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 PacketPg. 28 5.C.a C1 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: 8 ° SECTION 1. The Mayor and Common Council find that the above-stated Recitals 9 are true and hereby adopt and incorporate them herein. 10 V I 1 SECTION 2. Findius of Fact. E V 12 A. The proposed amendment is consistent with the General Plan. Economic U 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 c Economic Development Policy 4.9.2 calls for the City to proactively attract and provide 15 incentives to developers and tenants that draw retail sales from the broader region. By 16 allowing limited retail sales in the IH 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 18 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 O 19 r processing of development applications,including those for retail businesses. E 20 t 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 Q 27 more user-friendly, thus improving upon the public interest, convenience and welfare in the 28 City. PacketPg. 29 5.C.a 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. Q N r 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 c d 11 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision a 12 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any c 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, E © n 14 clauses,or phrases be declared unconstitutional,invalid, or ineffective. y 15 16 CM 17 18 s o 19 20 E z 21 a 22 23 24 25 26 27 28 Packet Pg. 30 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND TITLE 19 OF © 1 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 b the following mg vote to wit: � 8 0 N 9 Council Members: AYES NAYS ABSTAIN ABSENT E 10 MARQUEZ 11 JENKINS a 12 VALDIVIA $ SHORETT 13 KELLEY E `! 14 JOHNSON o d 15 MC CAMMACK o 16 N_ 17 18 Georgeann Hanna,City Clerk 19 0 The foregoing Ordinance is hereby approved this day of v 20 2012. t U 21 a 22 23 PATRICK J.MORRIS, Mayor 24 Approved as to form: City of San Bernardino 25 JAMES F. PENMAN 2 5 City Attorney 27 28 Packet Pg. 31 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 26-50 2 N 51-75 3 76-100 4 101-150 5 151-200 6 E 201-300 7 a 301-400 8 v 401-500 9 0 501-1,000 Two percent of total r 1,001 and over + 1 for each 100,or fraction over a 1,001 v d For outpatient units and facilities, 10 percent of the total number of parking spaces °. provided shall serve each such outpatient unit or facility. N For units and facilities that specialize in treatment or services for persons with mobility v impairments, 20 percent of the total number of parking spaces provided shall serve each o such unit or facility. ° One van space shall be provided in every eight accessible spaces, with a minimum of one space provided. w N C 19.02.040 REVIEW AUTHORITIES r 4. DEVELOPMENT REVIEW COMMITTEE(DRC) a C d A. MEMBERSHIP t U A The DRC members shall consist of representatives of the following departments: a 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. EXHIBIT A 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 i Development Division [representing the Public Works Department]), Integrated N Waste Management, Fire, and Water. The representatives shall be the Director of the Department or their designees(s). E E a d 0 TABLE 08.01 INDUSTRIAL,DISTRICTS LIST OF PERMITTED USES d E CL 0 m LAND USE ACTIVITY CH OIP IL IH IE o 32. Retail Commercial; D D3 D3 D3 N v 0 3Incidental to a primary ry use and contained within a primary structure(15%max.). Q xx w C d E L u m c E t U Q Packet Pg. 33 O 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 N San Bernardino, CA 92418 d E REQUEST: d E a 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 0 update the Code and make it more user-friendly for staff and the community as a whole. m E © CONSTRAINTS/OVERLAYS: o > N/A o rn ENVIRONMENTAL FINDINGS: r 0 ® Exempt from CEQA ❑ No Significant Effect ❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program o ❑ Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts, Findings M and Statement of Overriding Considerations E s U STAFF RECOMMENDATION: Q ❑ Approval ❑ Conditions ❑ Denial ❑ Continuance to: ® Recommend to Mayor and Common Council I Packet Pg. 34 DCA 11-07 O October 17,2011 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. O PARKING STANDARDS N The current Development Code was initially implemented in 1991; however, since that time, E 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 a Section 19.24.050 would bring the Code into compliance with current state laws. The proposed c amendments are as follows: U c d 19.24.050 HANDICAPPED PARKING REQUIREMENTS E CL 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 N Provided Spaces Required ti 1-4025 1 N 41-026=50 2 Q 81 12051-75 3 0 4-Z 46076-100 4 M 464-300101-150 5 304-400151-200 6 404300201-300 7 301 400 8 ° 401-500 9 a 501-1,000 Two percent of total eves-5001,001 and over X20+ 1 for each 200 additional 100 or fiaction over 1,001 For outpatient units and facilities 10 percent of the total number of narking spaces provided shall serve each such outpatient unit or facility. i 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. DCA 11-07 © October 17,1 Page e 3 3 One van space shall be provided in every eight accessible spaces with a minimum of one Mace 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 o Development. However, since these Code Sections were adopted, there have been changes to N 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 Department on the D/ERC. As such, it is now 'a 0 difficult to assemble a quorum at the meetings. However, without a quorum, applications can be U delayed due to the inability to vote to approve a project or move it onto the Planning E Commission if that level of review is required. o [v' 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' N membership rosters: n 0 19.02.040 REVIEW AUTHORITIES N a U 4. DEVELOPMENT REVIEW COMMITTEE(DRC) ° M v A. MEMBERSHIP E U The DRC members shall consist of representatives of the following departments: a Planning and ommunity Development (a designee from the Planning Division [Chairperson] and, a designee from the Building Division, and a designee from the Land Development Division [representing the Public Works Department!), Publis 3AWk.9 egrated Waste Mana eg inept, Fire, Pokee—and Water ° a n n lie c e 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. 3 PacketPg. 36 DCA 12-07 October 17,2011 Page 4 5. ENVIRONMENTAL REVIEW COMMITTEE (ERC) A. MEMBERSHIP The ERC members shall consist of representatives of the following departments: Plaming and Building Se Aaes Community Development (a designee from the Planning Division [Chairperson] and,a designee from the Building Division a designee from the Land Development Division re resenting the Public Works Departmentll, Publie—VirerlCSInteesated Waste Manaeement, Fire, Peliee—, and Water, D L d Reer-e-atien, Public SeFyiees and Development. The i representatives shall be the Director of the Department or their designees(s). N Note that although the Police Department will no longer be required to have representation on E 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 E Department,that such input is incorporated into the project as appropriate (i.e., in project design, a d conditions of approval, etc.). 0 U LIMITED RETAIL SALES IN IH LAND USE DISTRICT d E CL Staff was recently approached by a business owner of a facility that had relocated to the IH 2 ��••// 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 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 o losing tax dollars that could be generated through incidental retail sales in the IH district. N 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 o that the requirements/limitations for retail uses in industrial districts, listed in footnote 3 of Table M 08.01 and in Section 19.08.030, "Land Use District Development Standards", would continue to apply): E U TABLE 08.01 a INDUSTRIAL DISTRICTS LIST OF PERMITTED USES LAND USE ACTIVITY CH 01 IL IH IE P 32. Retail Commercial; D D3 D3 D3 F 'Incidental to a primary use,and contained within a primary structure(15%max.). Packet Pg. 37 DCA 12-07 October 17, Page ge 5 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 N 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 E broader region. By allowing limited retail sales in the IH land use district, the City will M 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 membership of the D/ERC will better ensure that quorums are consistently made at o D/ERC meetings, thus preventing delays in the processing of development applications, L) including those for retail businesses. E CL 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, will not be detrimental to the public health or safety. The proposed amendment will N 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. o M FINANCIAL IMPACT d E r Potential sales tax revenues could be generated by allowing retail uses, with the restrictions r contained within Chapter 19.08 of the Development Code, in the IH land use district. a 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. 12-07. S.C.c DCA l2-07 O October 17,2012 Page e 6 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, Tony Stewart, Al� Deputy Director/City Planner N C d Approved for Distribution: E r G / U M. Margo Wheeler,AI P u Community Development Director E CL Attachment A: 2010 California Building Code Chapter 11B 0 rn N n 0 N Q V O M C d E s U IC Q Packet Pg. 39 | ATTACHMENT �) � \ ti § ! !( ( \ \ \} \ \ \ « E t ! J / $ u t - � ; ! ) CL - � \ 6 \\) ! U \ ! \ . ; ) \ ! o : 1 5 \ 0 a$ E !/ / 7 \ U9) e i�z - : m ) | ! j \\j\ \\ \ $ \ �� ) § \}\_\ \\ \ \ ; � §\ \ ) _ . � _ ! | i ` 0) § } } eeelg2k7 \ t « f2 | § z � ■ ;( 9 ; \ ; a & 7 ® - ; ; # ■ ) ! ] \ � :} }i � m a § § u co■ . �t ;+ � w � \ �� ! : �_ e. # 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(6)(3) 0 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 d recommendations to the Mayor and Common Council for final action on Development Code Amendments.For more v information,please contact the Planning Division of the Community Development Department at City Hall,orby phone at(909)384-5057.1f you challenge the final action of the Mayor and Common Council in court you may be limited to E 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. 0 0 U c d Submitted: October 3,2012 E E CL Publish: October 6,2012(minimum 1/8 Page Ad) I v Please send first proof for verification or changes by e-mail to Melissa Thurman: thurman me(Fusbcitv.ore. Please p reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North"D" M Street,San Bernardino,CA 92418. N 0 N Q U O M C d L U Q O Packet Pg.41