HomeMy WebLinkAboutMC-1387 Adopted: March 4, 2013
Effective: April 3, 2013
1 ORDINANCE NO. MC-1387
2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING
DEVELOPMENT CODE AMENDMENT NO. 13-011 TO REVISE THE
3 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL
4 PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND
PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS.
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WHEREAS, the current Development Code was initially implemented in 1991; and
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7 WHEREAS, the General Plan Land Use Map and Zoning Map were combined into
8 one map in 1991; and
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10 WHEREAS,the current General Plan was initially implemented in 2005; and
11 WHEREAS, upon implementation of the General Plan in 2005, several land use
12 categories became obsolete, but were not removed from the Development Code; and
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14 WHEREAS, in 1994, the state legislature approved into law SB 18, the Tribal
15 Consultation requirements, which requires local agencies, including charter cities, to notice all
applicable tribes of any General Plan Amendment, and which notification includes an initial
16 90-day consultation period, and a 45-day standard state notification; and
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18 WHEREAS, such notification could potentially take as long as 135 days, potentially
19 delaying an application for a General Plan Amendment although changes to the zoning map
20 are not required to comply with SB 18; and
21 WHEREAS, the General Plan provides the long-range goals and policies for
22 development of the City, taking into account the City's future conditions and needs, with the
23 application to individual parcels being limited; and
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25 WHEREAS, the Development Code and related Zoning Map (Exhibit B), on the other
hand, provide a set of regulatory development standards and site-specific zoning designations
26 that are used on a day-to-day basis to direct development at a parcel-specific level; and
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MC-1387
1 WHEREAS, according to the American Planning Association, overlapping zoning and
General Plan land use maps should be avoided, since the use of the General Plan for the
2 purpose of implementing parcel-specific zoning requirements can diminish the integrity of the
3 General Plan as a long-range planning document and require the General Plan to be amended
4 every time there is a rezoning; and
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6 WHEREAS, since the process to update the General Plan involved a great deal of
public input, there is the perception of those members of the public who participated in the
7 process that their long-range vision for the City be adhered to, and not changed frequently;
8 and
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10 WHEREAS, state law calls for a land use element that designates the proposed general
11 distribution and general location and extent of the uses of land for housing, businesses,
industry, open space and other public and private use of land, which are typically broad
12 categories of land uses, and for each land use category, there may be several zoning districts
13 that are more parcel-specific; and
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15 WHEREAS, it is incumbent upon staff to ensure that all measures are taken to
eliminate unnecessary time delays, to allow prompt processing of new development
16 applications; and
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18 WHEREAS, the Development Code clean-up items and establishment of Chapter
19 19.74, Zoning Map Amendments, will establish procedures and findings of fact for processing
Zoning Map Amendments and ensure that the Development Code and Zoning Map, including
20 future Amendments, are consistent with the General Plan and General Plan Land Use Map;
21 and
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23 WHEREAS, on December 18, 2012, the Legislative Review Committee reviewed and
24 unanimously recommended that the proposed amendments (Exhibit A) be moved to the
25 Planning Commission; and
26 WHEREAS, on January 23, 2013, the Planning Commission of the City of San
27 Bernardino held a noticed public hearing to consider public testimony and the staff report
28 recommending proposed amendments to the City Municipal Code, and unanimously
MC-1387
1 recommended approval of the proposed Development Code Amendments to the Mayor and
Common Council; and
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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 February 8,
5 2013.
6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council finds that the above-stated Recitals
9 are true and hereby adopts and incorporates them herein.
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11 SECTION 2. Findings of Fact.
12 A. The proposed amendment is consistent with the General Plan, in that as noted above,
13 and in General Plan Land Use Table LU-2, the General Plan and its associated Land Use Map
14 established general land use district classifications, such as single-family residential, multi-
family residential, commercial, etc., and the zoning districts listed in Development Code
15 Section 19.02.060(1) and the proposed Zoning Map establishes sub-categories of the primary
16 land use district categories noted on the General Plan Land Use Map. For example, the
17 Residential Estate (RE), Residential Low (RL), Residential Suburban (RS) and Residential
18 Urban (RU) zoning districts will be sub-categories of the Single-Family land use category.
19 Further, the proposed text amendments will ensure that the General Plan and Development
Code documents, as well as the General Plan Land Use Map and Zoning Map are consistent
20 with each other.
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22 B. The proposed amendment would not be detrimental to the public interest,
23 health, safety, convenience, or welfare of the City, in that since no changes to the land use or
24 zoning designations are proposed on any parcel in conjunction with this application, the
proposed amendments will not affect the public interest, health, safety, convenience, or
25 welfare of the City.
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MC-1387
1 SECTION 3. Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision
Regulations, also known as the San Bernardino Development Code, is hereby amended to
2 revise Sections 19.02.060 and 19.50.040, and to add Chapter 19.74 as shown in Exhibit A
3 (text amendments); and to adopt the Zoning Map as shown in Exhibit B, both attached and
4 incorporated herein by reference.
5 SECTION 4. Compliance with the California Environmental Quality Act: The
6 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
7 Municipal Code (Development Code) is exempt from the California Environmental Quality
8 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
9 not result in a direct or reasonably foreseeable indirect physical change in the environment.
10 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
11 clause or phrase in this Ordinance or any part thereof is for any reason held to be
12 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
13 part thereof. The Mayor and Common Council hereby declares that it would have adopted
14 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
15 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1387
1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING
DEVELOPMENT CODE AMENDMENT NO. 13-01, TO REVISE THE
2 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL
PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND
3 PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
5
6 and Common Council of the City of San Bernardino at a i t reQ meeting thereof, held on
7 the 4th day of March 2013, by the following vote to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
JENKINS %
11 x
12 VALDIVIA
SHORETT g
13 x
KELLEY
14 JOHNSON x
15 MC CAMMACK x
16
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18
George Hanna, City Clerk
19 T�
The foregoing Ordinance is hereby approved this 5 day of March ,
20 2013.
21
PAT K J. RRIS, Mayor
22 Approved as to form: City of San Bernardino
23 JAMES F. PENMAN
24 City Attorney
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By:
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MC-1387
EXHIBIT A
Chapter 19.02, "Basic Provisions"
• Revise Section 19.02.060.2 as follows:
"ADOPTION OF LAND-U$E ZONING DISTWC-T MAP
j The boundaries of the land-usezonin¢ districts established by this Section shall be shown
upon the map designated as the "City of San Bernardino Official Land Use Zoning
Distrie Map," on file with the City Clerk, and available at the Community Development
Department. This map shall be consistent with the adopted General Plan Land Use Map.
Amendments shall follow the process outlined in Chapter 19.3074 (Geneml Plan ZoninQ
Map Amendments."
• Revise Section 19.02.060.3 as follows:
"RULES APPLYING TO CERTAIN BOUNDARIES ON LAND--USE ZONING
DIST U" MAP
The following shall apply in determining uncertain boundaries of a district as shown on
the Official Land Use Zoning Distrie Map:"
• Revise Section 19.02.060.4 as follows:
"PRE-ZONING
The City may pre-zone unincorporated property adjoining the City. This process shall
comply with Chapter 19.50 (General Plan Amendments) and 19.74 (Zoning Map
Amendments). The zoning shall become effective upon annexation."
Chapter 19.50 (General Plan Amendments)
Revise Section 19.50.040 (Council Action on Amendments) as follows:
"Upon receipt of the Commission's recommendation, the Council may approve, approve with
modifications, or disapprove the proposed amendment based upon the findings contained in
Section 19.50.050. Amendments to the General Plan Land Used Map shall be
adopted by resolution. Amendments to the text of the General Plan shall be adopted by
resolution."
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MC-1387
Chanter 19.74 (Zoning Man Amendments)
Add Chapter 19.74, "Zoning Map Amendments", as follows:
CHAPTER 19.74
ZONING MAP AMENDMENTS
Section Page
19.74.010 Purpose .................................................................................... IV-94
19.74.020 Hearings and Notice..................................................................... IV-94
19.74.030 Commission Action on Amendments ................................................ IV-94
19.74.040 Council Action on Amendments ...................................................... IV-94
19.74.050 Findings ................................................................................... IV-94
19.74.010 PURPOSE
The Council may amend the Official Land Use Zoning District Map, herein referred to as the
"Zoning Map" of the City of San Bernardino whenever required by public necessity and general
welfare.
19.74.020 HEARINGS AND NOTICE
Upon receipt in proper form of a Zoning Map Amendment application, or direction of the
Council, and following Department review, hearings shall be set before the Commission and
Council. Notice of the hearings shall be given pursuant to the requirements of Chapter 19.52
(Hearings and Appeals).
19.74.030 COMMISSION ACTION ON AMENDMENTS
The Commission shall make a written recommendation on the proposed amendment whether to
approve, approve in modified form or disapprove, based upon the findings contained in Section
19.74.050.
Commission action recommending that the proposed amendment be approved, approved in
modified form, or denied shall be considered by the Council following Commission action.
19.74.040 COUNCIL ACTION ON AMENDMENTS
Upon receipt of the Commission's recommendation, the Council may approve, approve with
modifications, or disapprove the proposed amendment based upon the findings contained in
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MC-1387
Section 19.74.050. Amendments to the Zoning Map shall be adopted by ordinance.
19.74.050 FINDINGS
An amendment to the Zoning Map may be adopted oWy if all of the following findings are made:
1. The proposed amendment is consistent with the General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City;
3. The proposed amendment would maintain the appropriate balance of land uses within the
City; and
4. The subject parcel(s) is physically suitable (including, but not limited to, access, provision
of utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested land use designation(s) and the anticipated land use development(s).
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