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HomeMy WebLinkAbout05.B- Community Development ORDINANCE (ID#2063) DOC ID: 2063 D ' CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 11/19/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: Ordinance of the City of San Bernardino to Amend 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 the San Bernardino General Plan, to Add Land Use Definitions and Amend Development and Administration Processes Standards Within the Development Code. (FINAL READING) Financial Impact: The simplification of some of the development application processes could attract more development in the City. Motion: Adopt the Ordinance. Synopsis of Previous Council Action: None. Background: The current Development Code was initially implemented in 1991 and since that time, many amendments have been made throughout the document. However, amendments that were made to one section may not have been made to others, resulting in inconsistencies among the various parts of the Code. For example,Bed and Breakfasts are defined in the Code,but no development standards exist for this type of use. This in turn, makes it difficult to enforce, and can result in misinformation and a loss of consistent, high quality customer service. Additionally, since 1991, there has been a need to update the Code with regard to the regulations of the State of California (i.e., with regard to laws governing the permitting of solar energy projects),new types of businesses that may not have previously been considered,etc. Finally, to provide better and more efficient customer service to the community as a whole, amendments to the way in which certain applications are processed are proposed. For example, the former Development Permit Type 1 has been renamed "Administrative Permit', Minor Use Permits have been proposed as a type of conditional use that would be approved by the Development Review Committee rather than the Planning Commission, tentative parcel maps are proposed to be heard at a public hearing before the Development Review Committee,rather than the Planning Commission, which will potentially reduce the amount of time in which such an application is processed by several weeks, while still providing a similar level review and public hearing opportunity. On August 28, 2012, and September 18, 2012, the Legislative Review Committee reviewed and Updated: 11/6/2012 by Linda Sutherland D Packet Pg. 11 2063 unanimously recommended that the proposed amendment be moved to the Planning Commission. On September 26, 2012, the Planning Commission unanimously recommended approval of the subject Amendment. The Planning Commission packet, including the redlined version of the proposed amendments (with strikeouts and added text) is attached for the Council's review. Findines Of Fact 1. The proposed amendment is consistent with the General Plan. The General Plan Land Use Map (Figure LU-2) was updated with the rest of the General Plan in 2005. As a result of this update, several former land use categories were either combined into one category (i.e., Residential Urban (RU)-1 and RU-2 became "RU") or eliminated altogether (i.e., Commercial Neighborhood (CN). The proposed amendment will ensure that the Development Code is updated to be consistent with the list of land use districts currently called out in the General Plan Land Use Map. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. A^ 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 result in revised development application processes, such as the establishment of Minor Use Permits and the requirement to bring Tentative Parcel Maps to the D/ERC, rather than the Planning Commission. Further, the proposed amendment will eliminate inconsistencies found throughout the Development Code, and bring the Development Code into compliance with state laws that have been passed since the Code was adopted (i.e., regulations for solar projects). These revisions to the Code will enable City staff to process Development Code-related inquiries and 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 Ouality 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. 12-06. City Attorney Review: L..- Updated: 11/6/2012 by Linda Sutherland D 5.13 2063 Supporting Documents: Ordinance (DOC) Attachment A-Proposed Development Code Clean-Up Items (DOC) PC Staff Rpt Packet(Redline) (PDF) Updated: 11/6/2012 by Linda Sutherland D Packet Pg. 13 5.B.a 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND 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 THE SAN BERNARDINO GENERAL PLAN, TO 5 ADD LAND USE DEFINITIONS AND AMEND DEVELOPMENT AND ADMINISTRATION PROCESSES STANDARDS WITHIN THE DEVELOPMENT 6 CODE. 4 N 7 WHEREAS, the current Development Code was initially implemented in 1991, and z6 8 since that time,many amendments have been made throughout the document; and 9 9 r 10 WHEREAS, amendments that were made to one section of the Development Code E may not have been made to others, resulting in inconsistencies among the various parts of the v 11 Code; and 12 d E 13 WHEREAS, since 1991, there has been a need to update the Development Code with o m 14 regard to the regulations of other agencies,particularly the state of California(i.e.,with regard o 15 to laws governing the permitting of solar energy projects), new types of businesses that may not have previously been considered, etc.; and N 16 N 17 WHEREAS, this in turn, has resulted in portions of the Development Code becoming w .5 18 difficult to enforce, which can result in misinformation and a loss of consistent, high quality 19 customer service; and c m 20 T WHEREAS, to provide better and more efficient customer service to the community p 21 as a whole, amendments to the way in which certain applications are processed are proposed; m 22 and o m 23 a 24 WHEREAS, on August 28, 2012 and September 18, 2012, the Legislative Review 25 Committee reviewed and unanimously recommended that the proposed amendments 26 (Attachment A)be moved to the Planning Commission; and 27 WHEREAS, on September 26, 2012, the Planning Commission of the City of San 28 Bernardino held noticed a public hearing to consider public testimony and the staff report Packet Pg. 14 5.B.a 1 recommending proposed amendments to the City Municipal Code, and unanimously recommended approval of the proposed Development Code Amendment to the Mayor and 2 Common Council; and 3 4 WHEREAS, notice of the public hearing for the Mayor and Common Council's 5 consideration of the proposed Ordinance was published in The Sun newspaper on October 24, 6 2012. m 0 N 7 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF c z 8 SAN BERNARDINO DO ORDAIN AS FOLLOWS: d E 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN m 10 BERNARDINO DO ORDAIN AS FOLLOWS: E a m 11 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals 0 12 are true and hereby adopts and incorporates them herein. 13 0 SECTION 2. Findings of Fact. 14 c 15 A. The proposed amendment is consistent with the General Plan. The General 0 16 Plan Land Use Map (Figure LU-2) was updated with the rest of the General Plan in 2005. As a result of this update, several former land use categories were either combined into one c 17 °— category (i.e., Residential Urban (RU)-1 and RU-2 became "RU") or eliminated altogether 2 18 (i.e., Commercial Neighborhood (CN). The proposed amendment will ensure that the x 19 Development Code is updated to be consistent with the list of land use districts currently OM r 20 called out in the General Plan Land Use Map. a O 21 11 B. The proposed amendment would not be detrimental to the public interest, % E 22 health, safety, convenience, or welfare of the City. The proposed amendment by itself will 23 not directly result in development and therefore, will not be detrimental to the public health or 24 safety. The proposed amendment will result in revised development application processes, 25 such as the establishment of Minor Use Permits and the requirement to bring Tentative Parcel 26 Maps to the D/ERC, rather than the Planning Commission. Further, the proposed amendment will eliminate inconsistencies found throughout the Development Code, and bring the 27 Development Code into compliance with state laws that have been passed since the Code was 28 adopted(i.e.,regulations for solar projects). These revisions to the Code will enable City staff Packet Pg. 15 5.B.a 1 to process Development Code-related inquiries and development applications more effectively and efficiently, and will make the Code more user-friendly, thus improving upon the public 2 interest, convenience and welfare in the City. 3 4 SECTION 3. The amendment to Title 19 of the San Bernardino Municipal Code, 5 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code 6 attached hereto as Exhibit A, and incorporated herein by reference, is hereby approved. 4 N 7 SECTION 4. Compliance with the California Environmental Quality Act: The z6 8 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the m 9 Municipal Code (Development Code) is exempt from the California Environmental Quality c 10 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will a 11 not result in a direct or reasonably foreseeable indirect physical change in the environment. e 0 V 12 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or E 13 clause or phrase in this Ordinance or any part thereof is for any reason held to be c 6 14 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision o `—� shall not affect the validity or effectiveness of the remaining portions of this Ordinance or 15 any part thereof. The Mayor and Common Council hereby declares that it would have N 16 N adopted each section irrespective of the fact that any one or more subsections, subdivisions, � 17 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. a 18 CD 19 20 o 21 22 E r u 23 /// a 24 25 26 27 `.� 28 Packet Pg. 16 1 ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND TITLE 19 OF THE SAN BERNARDINO MUNICIPAL' CODE, LAND USE/SUBDIVISION 2 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT CODE, TO BRING THE DEVELOPMENT CODE INTO COMPLIANCE WITH 3 CERTAIN STATE LAWS AND THE SAN BERNARDINO GENERAL PLAN, TO 4 ADD LAND USE DEFINITIONS AND AMEND DEVELOPMENT AND ADMINISTRATION PROCESSES STANDARDS WITHIN THE DEVELOPMENT 5 CODE. 6 `O I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor N 7 and Common Council of the City of San Bernardino at a meeting thereof, held on 6 8 the day of 2012, by the following vote to wit: 5 9 Council Members: AYES NAYS ABSTAIN ABSENT c 10 MARQUEZ a JENKINS 11 VALDIVIA 0 12 SHORETT 13 KELLEY o 14 JOHNSON o `,. MC CAMMACK 15 0 N 16 N r- 17 0 An 18 Georgeann Hanna, City Clerk 19 The foregoing Ordinance is hereby approved this day of c Co 20 , 2012. 0 21 22 E cc 23 a PATRICK J. MORRIS, Mayor 24 Approved as to form: City of San Bernardino 25 26 JAMES F. PENMAN 27 City Attorney 28 PacketPg. 17 S.B.b ATTACHMENT A 0 N O Z c d NOTE: This document only includes sections of the Development Code proposed to be E revisited. All other code Sections will remain as-is, with the exception ofre- numbering where applicable. Q v 19.02.050 DEFINITIONS 0 c Accessory Use. A use that is incidental to the principal use on the same lot. E a 0 Animal Boardin¢. The provision of overnight shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, training, ❑ grooming, and incidental medical care. 0 N Automotive Stereo Shops. Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell and install automotive stereos and accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area. .n d Banquet Hall. An establishment operated for profit wherein the facilities are leased on a temporary basis for private wedding receptions, parties,banquets, and other similar events. Such E E ,., events shall not be open to the general public and may include food preparation facilities and i areas for dancing, dining and other entertainment, including live entertainment, activities C customarily found in association with banquets or receptions. d Bar. An establishment that provides on-site alcoholic beverage sales for drinking on the premises and does not admit persons under the age of twenty-one (21). This classification c0 includes businesses with Alcoholic Beverage Control (ABC) licenses of 40, 42,48,49 or 61. d E Blood Bank. A place where blood is collected from donors,typed, separated into components, o stored, and prepared for transfusion to recipients. A blood bank may be a separate free-standing facility or part of a larger laboratory in a hospital, and may also include plasma centers. o d Check-Cashing. Cash Advance, and Loan Facilities. Establishments that engage, in whole or in o part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper o serving the same purpose, such facilities do not include a state or federally chartered bank, savings a and loan association,credit union,or industrial loan company. Q c d 1. This category shall include any business licensed by the California Commissioner of E Corporations to make deferred deposit transactions pursuant to California Financial Code m Section 23000 et seq., sometimes referred to as "payday advance," "cash advance," or a "payday loan"services. m E z U Q 1 jacket Pg. 18 S.B.b 2. This category shall not include any ancillary check-cashing facility that is located entirely o �✓ within a major retailer over 15,000 square feet in size. N 0 Convalescent Home. A place of residence for people who require constant nursing care and Z have significant deficiencies with activities of daily living. Residents may include the elderly r and younger adults with physical or mental disabilities. Residents in a convalescent home or E skilled nursing facility may also receive physical, occupational, and other rehabilitative therapies E following an accident or illness. a d a Convenience Store. The retail sale of groceries, staples, sundry items, and/or alcoholic beverages 0 where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with an automobile service station. E 0_ 0 Day Care Home, Children. A single-family residence, which is occupied and used as such and > provides family day care to children under 18 years of age. Day care home includes: o M Day Care Home- Small Family. The use of a single-family residence to provide family N day care to 8 or fewer children, including children under the age of 10 years who reside ` at the home, in conformance with California Code of Regulations Title 22,Division 12. c 0 .N Day Care Home - Laree Family. The use of a single-family residence to provide family day care to 9-14 children, inclusive, including children under the age of 10 years who reside at the home, in conformance with California Code of E Regulations Title 22,Division 12. °' .» a Educational Service. A private educational institution, such as a charter school, university, etc., but does not include a vocational/trade/tech school. "- V d Fraternity/Sorority House. A building rented or owned, and occupied by a regularly organized 0 college fraternity or sorority as a place of residence. c d E Fuel Dealer. A business that sells heating oil, propane and other fuels directly to end users. o Business operations may include deliveries of fuel to customers. Fuel dealers are separate uses from automobile service stations. o d Health/Athletic Club. An establishment with equipment for exercise and physical conditioning. "o This classification includes spas, gyms, tennis clubs, racquetball clubs, pools, diet centers, o reducing salons, fitness studios, health studios, and massage therapy as an accessory use to a another health and fitness center use. a d Liquor Stores. A retail store principally involved in the business of selling alcoholic beverages, E r including "hard liquor," where sold for the consumption off the premises. This classification includes stores or facilities that are covered by a State license for "general alcohol sales" (Class a 21 ABC license). 0 p U � U a 2 PacketPg. 19 S.B.b L Live-Work. A structure or complex of structures that integrates space for both residential and a nonresidential uses within an individual unit. Nonresidential uses should operate with limited N noise,odor and other similar impacts, consistent with applicable City ordinances. o Z Mini-Mall. Small-scale,up to 30,000 square feet, multi-tenant shopping center. -o Multi-Family Residential. Three(3) or more dwelling units in a single building on a site. E Neighborhood Grocery Store. A full-service grocery store ranging in size from 5,001 to 15,000 square feet in gross floor area, that sells fresh fruit, vegetables, meat and fish, has food 0 prepared on-site, and which may or may not sell alcohol. c d E Nurseries/Garden Supplies. Establishments that sell plants and related items (hoses, o hardscaping materials, fountains, fertilizer, etc.) in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored ❑ and sold in package form only. 0 N Party Supply Stores. Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. This category shall not include party supply c stores of at least 2,500 square feet and located in a multi-tenant center of at least 20,000 square feet, 0 or party supply stores established in a single-tenant building of at least 10,000 square feet of floor area; and approved under a Conditional Use Permit. a E Pawn Shops. Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing of personal property C and reselling or agreeing to resell such articles at prices previously agreed upon. This category shall R not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. v 0 0 Repairs/Services, Miscellaneous. Small-scale businesses under 5,000 square feet in gross floor C area, which provide on-site repair and service of items, such as computers, appliances, E electronics, plumbers, etc., but excluding vehicle repair and the installation of vehicle o components, such as car stereos,window tinting, etc. m Restaurant, Take-Out Only A use providing preparation and retail sale of food and beverages, v as defined under"Restaurant',but which contains no searing area for eat-in or outdoor dining. o 0. 0 Recycling Center. Small collection facilities which occupy an area of less than 500 square feet, a` and which accept by donation, redemption or purchase, recyclable materials from the public, a unless required as a Certified Recycling Center by the California Public Resources Code, or donation drop boxes operated by a valid non-profit organization. E U A Second Hand Stores/Thrift Stores. Establishments that sell used merchandise such as clothing a and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment, C s U ¢ 3 Packet Pg.20 including re-sale shops, consignment shops, and similar businesses. This category shall not include the following: N o 1. Stores owned or operated by existing entities recognized as non-profit by the Secretary of z State of the State of California,and in"good status"with the same. d E 2. Antique Stores—An antique, for the purposes of this ordinance, shall be a work of art,piece r of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years E old. This includes any premise used for the sale or trade of articles of which 90% or more are over 50 years old or have collectible value. 0 3. Existing, legally established indoor concession malls and outdoor swap meets, unless E otherwise prohibited. o d Self-service Laundry. Any commercial establishment providing the use of self-service washing o machines and dryers to the public, usually coin-operated. This category shall not include self- ; service laundries approved under a Conditional Use Permit to be established in a multi-tenant center N of at least 20,000 square feet. N r Sinele-Price Overstock/Discount Store. Establishments that sell a broad range of outlet, close- °- N out, discontinued, liquidation, or overstock merchandise, and primarily at a single discount price in the low and very low price ranges, including but not limited to food stuffs, alcoholic beverages, apparel and accessories, costume jewelry, notions and wares, housewares, fountain refreshments, and toys. This category shall not include single-price overstock discount stores containing a w minimum floor area of 9,000 square feet in size and approved under a Conditional Use Permit. C c Smoke Shops. Establishments that either exclusively or as a substantial portion (+50%) of their d floor area,sell cigarettes,cigars,pipes,bongs,tobacco, and related paraphernalia. a 0 Specialty Food Stores. Retail stores specializing in particular or distinctive food items, including but not limited to retailers whose primary business maintains an inventory of gourmet, health, or E ethnic food items not commonly found in area supermarkets or convenience stores, with no alcohol o sales nornemore than 15 percent of the gross floor area devoted to the sale of related accessory items. 0 d Supermarket. A full-service, self-service retail store, larger than 15,000 square feet in gross o floor area,which sells food and household supplies. o CL Tattoo Parlors and/or Body Piercing Studios. Establishments that engage in any method of a placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to E touch or puncture the skin,resulting in either the coloration of the skin,or the production of scars or scarring and/or establishments that create an opening in the body of a person for the purpose of a inserting jewelry or other decoration. This category shall not include licensed physicians, nurses, ////�� electrologists,and cosmetologists and shall also not include jewelry stores that offer ear piercing. { L U Q 4 Packet Pg. 21 S.B.b Tire Stores. Establishments less than 5,000 square feet in size which sell new and/or used automobile tires and accessories. This category shall not include legally established service stations N and auto repair facilities. o Z Transit Center. A passenger station for bus and rail mass transit systems including bus bays, railway platforms, administrative offices, security, quasi-public meeting rooms, public waiting E areas, public restrooms; also providing minor ancillary services for administrative purposes ,� and/or maintenance of vehicles or trains and provision for supportive paratransit services. E a W Transportation/Distribution. Establishments whose sole purpose is to provide for the 0 consolidation, division and/or distribution of bulk goods through the use of large trucks and trailers. This classification includes cross-dock trucking uses, which have only minimal warehousing E facilities. CL 0 d Truck Stop. A commercial facility that provides fuel, parking and usually food and other o services to long-haul trucks. Truck stops are usually located on or near a busy road and consist of ; a diesel grade fueling station with bays wide and tall enough for modem tractor/trailer rigs and N have a large enough parking area to accommodate trucks or other heavy vehicles. Auto-related services, similar to automobile service stations may or may not also be an incidental use within the truck stop. 4 N Veterinary Services. Any facility used for the purpose of giving licensed medical treatment to © animals or pets and an other customarily incidental treatment of the animals such as N P Y Y grooming, E or selling of pet supplies, and which may or may not provide boarding. CL c 19.02.060 ESTABLISHMENT OF LAND USE ZONING DISTRICTS d 1. ESTABLISHMENT OF ZONING DISTRICTS v d San Bernardino shall be divided into land use zoning districts which consistently E CL implement the General Plan. The following zoning districts are established: ° v RU (Residential Urban) District ° CO (Commercial Office) District n CG-2 (Commercial General- 2) District o CG-3 (Commercial General- 3) District a` OS (Open Space) District a RSH (Residential Student Housing) District v UBP (University Business Park) District(UBP-1, UBP-2, UBP-3) E L V t6 Q 19.04.020 PERMITTED, DEVELOPMENT PERMITTED AND E CONDITIONALLY PERMITTED USES a 5 Packet Pg. 22 S.B.b �..a. The following list represents those uses in the residential districts which are Permitted (P), subject r to an Administrative or Development Permit (D), a Conditional Use Permit (C), a Fence Permit z6 (F) or Prohibited (X): c m E TABLE 04.01 PERMITTED, DEVELOPMENT PERNIITTED, AND E CONDITIONALLY PERMITTED USES a 1. Residential Uses RE RL RS RU RM RMH RH RSH 0 d E a F. Day Care Homes, Family 8 or less children P P P P P P P X > d 9 to 14 children D D D D D D D X N. Planned Residential Dev. X X X D D D D X O. Second Dwelling Unit P P P P P P P S. Small Lot Subdivision X X X D D D D X N 0 y d lY 5. Accessory Uses " B. Fences and Walls F F F F F F F X E v C. Garage P P P P P P P X a D. Garage Sales D D D D X X X X ? F. Patio/Gazebo P P P P P P P X G. Storage P P P P P P P X d 0 U c m 6. Other Q E. Social Service Uses/Centers X X X X C C C C —,° d 0 a m o TABLE 04.02 M RESIDENTIAL DEVELOPMENT STANDARDS a a Standard RE RL RS RU RM RMH RH RSH CO-1.2 CC-2 CR-2 = Lot Area Max.Units/ N Net Acre 1 3.5 4.5 8 12 24 31 20 12W/21E 47 E 12 Sr. 18 Sr. 36 Sr. 47 Sr.(60 Bedrms)47 Sr.18W/31ESr. 130 Sr. p Lot Area(s.f) 1 ac. I0,800ay.7,200 7,200 (1)14,400(2)20,000(3)20,000(3)5 ac. 1 ac. 1 ac. 1 ac-R Q (Min.required for 9,720 min 20,000MU new development 1 � (2) The min.lot size may be less than 14,400 s.ffor parcels existing prior to November 1,20127 L u { (3) The min.lot size maybe less than 20,000 s.f for parcels existing prior to November 1,2012. gym„ 1 a 6 Pack® Pg. 23 S.B.b 0 0 N_ 6 Z c v E r c TABLE 04.03 E RESIDENTIAL DISTRICTS SPECIFIC STANDARDS a d 0 0 U Specific Standards RE RL RS RU RM RMH RH RSH CO-1,2 CG-2 CR-2 c d E CL P. Single Dwelling Unit + + + + + + + o d d M 19.04.030 LAND USE DISTRICT DEVELOPMENT STANDARDS N N 2. LAND USE DISTRICT SPECIFIC STANDARDS o 0 G. GUEST HOUSE DESIGN STANDARDS v Guest houses are subject to Development Permit review and shall be constructed E in the following manner: r CL D c m 19.06.010 PURPOSE d v 2. The purpose of the individual commercial land use districts are as follows: 0 c A. CO (COMMERCIAL OFFICE)DISTRICT E 0 This district is intended to provide for the continued use, expansion, and new development of administrative and professional offices, hospitals, and supporting o retail uses in proximity to major transportation corridors and ensure their a compatibility with adjacent residential and commercial uses. Additionally, this o district permits a maximum density of 47 units per gross acre for senior citizen and o senior congregate care housing. Existing single family residential structures may a remain as a permitted use. a c d B. CG-1 (COMMERCIAL GENERAL)DISTRICT (no changes) E r U R C. CG-2 (COMMERCIAL GENERAL 2)DISTRICT a w c This district is intended to enhance the economic activity of appropriate commercial E corridors; infilling and intensifying existing development, establishing new key C a 7 Packet Pg. 24 S.B.b activity centers and nodes, allowing for the development of medium and medium o high residential density as alternative uses. The residential development shall have a N minimum contiguous area of 1 gross acre with a maximum density of 12 units per o gross acre along Mount Vernon Avenue and Baseline Street and other designated Z locations west of I-215 and a maximum density of 21 units per gross acre along v Baseline Street and other designated locations east of I-215. Additionally, a bonus E density of 50% for the development of senior citizen and senior congregate care d housing shall be permitted, subject to the approval of a Conditional Use Permit. E d v D. CG-3 (COMMERCIAL GENERAL 3)DISTRICT 0 This district provides for the development of local and regional serving retail, E personal service, entertainment, office and related commercial uses. This district o includes, but is not limited to, properties adjacent to California State University at > San Bernardino along North Park Boulevard, Kendall Drive, and University o Parkway for commercial and personal service uses to meet the needs of students, faculty, and visitors, and properties along Mt. Vernon Avenue, between 0 and 9s' N Streets,within the Pasco Las Placitas Specific Plan area. N r Design guidelines for the Mount Vernon Corridor(Paseo Las Placitas) are contained 0 .N in Chapter 19.10, Special Purpose Districts, Section 19.10.030(3). a>, E. CR-1 (COMMERCIAL REGIONAL-MALL)DISTRICT E This district is intended to maintain and enhance the Inland Center Malls and C adjacent properties to this and the Carousel Mall as the principal region-serving m retail centers of the City. d U m F. CR-2 (COMMERCIAL REGIONAL DOWNTOWN)DISTRICT (no changes) o U c G. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) DISTRICT (no changes) o m H. CR4 (COMMERCIAL REGIONAL-AUTO PLAZA)DISTRICT (no changes) o v d I. CCS-1 (CENTRAL CITY SOUTH)DISTRICT o CL 0 This district is intended to permit general retail, professional office and medical a types of uses. Standards are contained in Chapter 19.13. c d J. CCS-2 (CENTRAL CITY SOUTH)DISTRICT (no changes) E @ K CCS-3 (CENTRAL CITY SOUTH — FLOOD CONTROL CHANNEL) a DISTRICT(no changes) d E L. CH(COMMERCIAL HEAVY)DISTRICT(no changes) U 8 PacketPg. 25 S:B.b 19.06.025 PROHIBITED USES 0 N 0 1. Z M K. Recycling Center — Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, v recyclable materials from the public, unless required as a Certified Recycling m Center by the California Public Resources Code, or donation drop boxes operated E by a valid non-profit organization. z 0 U c m E O. O d d O n m 0 N N 0 O N d d' N E v CL D c R m v d 0 0 U c m E 0. 0 m d 0 v m 0 O O. O a Q c v E r U R Q i+ C d E s v Q 9 Packet Pg 26µ' S.B.b TABLE 06.02 COMMERCIAL DISTRICTS DEVELOPMENT STANDARDS a �VV•/"' DEVELOPMENT CCS 9" STANDARDS CO CG-1 CG-2 CG-3 CR- CR- CR-3 CR- CH 1 1 2 4 0 Z Net Lot Area 10k 10k 10k 10k 0 0 10k 1 ac. I0k I0k d Front Setback 15 10 '10 15 0 0 15 20 10 20 E Rear Setback 10 0' 0' 0' 0 0 10 0 0 10 E Side Setback(Each) Q 10 Or 02 0' 0 0 10 5 0 10 -c50 O Side Setback U (Street Side) 10 10 10 10 0 0 10 20 l0 10 Lot Coverage o- (Maximum%) 50 50 50 50 75 100 75 75 75 50 O > Structure Height d (Maximum) 4 st.' 2 at.' 2 st. 2 st. 4 at. 4 st.5 2 st. 2 sC (Feet) 52 30 30 30 52 100° 52 30 45 30 m 0 N St.=story ac.=acre N C O 1 This standard is only required for new commercial and industrial subdivisions. 2 Except if adjacent to any Residential Land Use District, the minimum side or rear setback shall be 10 feet. E 3 Except within 75 feet of any Residential Land Use District,the maximum height is 2 stories or 30 feet. v 4 Except additional height may be allowed as provided as bonus height provision of Section a 19.06.030(2)(E). 5 May exceed this height with a Conditional Use Permit, pursuant to Section 19.36. In CG-1, the site m must abut a freeway, °- CCS-1 was added with MC 941 on 6-6-95 w 0 0 U c 19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS CL 0 2. LAND USE DISTRICT SPECIFIC STANDARDS v a C. AUTOMOBILE SALES N O Automobile sales dealerships,new and/or used, in the City must conform with the o intent of this Development Code and shall enhance and promote the image of the a City. A Development Permit shall be required for automobile sales dealerships of Q new vehicles and a Conditional Use Permit shall be required for automobile sales v dealerships of used vehicles, and all dealerships must be constructed in the E L following manner: a c d E L t7 t9 Q 10 Packet Pg. 27 5.B.b F. CONVENIENCE STORES o C N 4. No convenience store shall be located within a one-mile radius of another o convenience store or less than 1,000 feet from an existing elementary, z junior high school, or high school, as measured from one property line to d another. Service stations that include a convenience store as an ancillary E use are not subject to the distance restrictions from other convenience r stores. Exceptions to the distance restrictions from schools may be a considered on a case by case basis through the Conditional Use Permit Process, considering mitigating factors of circulation patterns, security and 0 management plans and subject to recommendations from the affected school district. E Q 0 v J. NIICROBREWERIES/WINERIES o M Microbreweries and wineries may be established subject to Conditional Use N Permit review and shall be constructed in the following manner: 1. Fifty percent of the total building square footage may be used for 0 production and storage of beer or wine produced on the premises. ,>, © E Q. RECYCLING FACILITIES °= o. 2. The standards for recycling facilities are as follows: m d b. Small collection facilities that are required as Certified Recycling Centers by the California Public Resources Code or that are operated as drop-boxes by valid non-profit organizations only, and which are located within applicable commercial and industrial land use districts shall be subject to a Development Permit, and comply c with the following standards: d 0 v d T. SERVICE STATION STANDARDS o a 0 1. New service stations shall be permitted only at the intersections of major and a` secondary arterials, and along major or secondary arterials with freeway off- a ramps within the Freeway Corridor Overlay District. Stations within the Freeway Corridor Overlay shall only be located at the intersection of the t arterial with the freeway on- and off-ramps or with streets forming the boundary of the Freeway Corridor Overlay District. A maximum of 3 a service stations shall be permitted at each intersection, or on each side of the freeway along a major or secondary arterial with a freeway off-ramp within E r U R a 11 Packet Pg. 28 S.B.b the Freeway Corridor Overlay District, provided that at least one station o offers only non-petroleum alternative fuel. N 6 19. Where service station adjoins property in a residential land use district,a six- z foot high decorative masonry wall shall be constructed at the time the station d requires a permit for the on-site improvement/ modification. Materials, E textures, colors and design of the wall shall be compatible with on-site r development and adjoining properties. When the wall reaches the a established front-yard setback line of a residentially designated lot abutting or directly across an alley from the service station, it shall decrease to a 0 height of 30 inches. d E CL 0 Z. HOTELS,MOTELS,B&BS,AND EXTENDED LODGING FACILITIES ; v 0 1. Hotels aa4, Motels and Bed & Breakfast Inns (B&Bs) are allowed in the CG 1,CG-2, CR-2, CR-3,and CCS-1 land use districts. Extended Lodging N Facilities are allowed in the CR-2 and CR-3 land use districts. N C 2. Hotels, Motels and Bed & Breakfast hms (B&Bs), and Extended Lodging N Facilities are subject to a Conditional Use Permit and shall comply with the following standards in addition to any conditions imposed by the Planning Commission. E v CL D 19.08.010 PURPOSE °- U v 2. o U c A. OIP(OFFICE INDUSTRIAL PARK DISTRICT E CL 0 This district is intended to establish distinctive office industrial parks and corporate centers serving City and regional needs. Supporting retail/commercial services may o be located in Corporate Office Industrial Park structures. N O O O 19.10.010 PURPOSE a a 2. The purpose and permitted uses for each of the individual special districts are as follows: v E L F. OS (OPEN SPACE)DISTRICT a This district is intended to preserve areas of permanent open space. d E s U 16 12 PacketPg. 29 S.B.b E 19.10.020 GENERAL STANDARDS o C N Any structure located in a special purpose district (except the Open Space District, wherein all c structures are prohibited) shall be subject to an Administrative or Development Permit and shall Z be: E -a C W 19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS E a d 4. Specific Plan 92-01, University Business Park 0 c S. University Business Park incorporates three separate districts created as part of the E University Business Park Specific Plan and are intended to apply only to parcels o within the boundaries of the Specific Plan.These are labeled UBP-1, UBP-2 and UBP-3. o M 1. UBP-1 0 N The UBP-1 designation emphasizes industrial and non-retail commercial service uses. Essentially, it combines uses currently permitted within the 01P and IL designations,but without the more intense industrial uses such as a>, motor freight transportation,mini-storage,truck stops, service stations, etc. s y E 2. UBP-2 CL D The UBP-2 designation emphasizes the typical commercial retail uses currently permitted in the CG-1 designation but eliminates some of the d heavier (and less desirable) uses that would not be appropriate within a d business park setting. For example, the UBP-2 does not permit recreation o camps and RV parks, funeral parlors, truck and RV rental agencies and commercial sports. No outside uses or storage is permitted. c r E CL 0 Q) m v d 0 O 0 O a` a c m E r O A a C d E t U Q 13 Packet Pg. 30 5.B.b 3. UBP-3 0 N The UBP-3 designation emphasizes large, stand-alone uses which have a o single freestanding building on each parcel. It would not permit strip Z commercial centers with several small tenants. Light manufacturing uses, d including warehouses and research and development businesses, are E permitted as long as all activities take place indoors and there is no outside d storage. One of the primary criteria for structures within this designation is E the visual impact to the Interstate freeway. O U Table 10.03 represents those uses allowed within the sub-areas, subject to a Development Permit (D), a Conditional Use Permit (C) or a Temporary Permit (T). (See Table 10.03,University Business Park, List of Permitted Uses.) o d d M 19.20.030 GENERAL STANDARDS N 23. SOLAR ENERGY DESIGN STANDARDS r_ 0 .N Sections F-I deleted > d a! E 19.22.080 OFF-SITE SIGNS W 0. 7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS 0 d A. Off-site electronic message center signs are permitted only in Freeway Corridor Overlay District, subject to a Conditional Use Permit, and subject to the 0 provisions in the Outdoor Advertising Act (Chapter 2 in the State of California Business and Professions Code). These provisions include, but are not limited to, E placement, location, content, and maintenance. a 0 W d ❑ 19.24.040 NUMBER OF PARKING SPACES REQUIRED 0 O Restaurants, take-out only 1 space for each 250 sf. of gfa. o a 19.24.060 DESIGN STANDARDS d E r 2. COMMERCIAL VEHICLE PARKING a It shall be unlawful for the driver, owner or operator of any commercial vehicle having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding 10,000 pounds to park, or cause to be parked, except for the immediate loading and R a 14 Packet Pg. 31 5.B.b unloading of goods, any such vehicle upon any public street, or alley, or on any o residentially zoned property, within any residential land use district in the City. N This prohibition shall not apply to construction sites during the construction c process or to recreational vehicles. Z d E a c M 19.28.050 STANDARDS FOR PARKING AREAS d 0 (Section to be inserted into Chapter 19.28, with subsequent sections renumbered) c In addition to landscaping of all required setback areas, a minimum of 15% of the net E area of all surface parking areas shall be landscaped as follows: o v v A. Where parking areas adjoin a public right-of-way, a landscaped planting strip equal to the required yard setback shall be established and continuously maintained between the public right-of-way and parking area. Any planting, N sign, or any other structure within safety sight- distance of a driveway shall not N exceed 30 inches in height. o N B. Provisions shall be made to ensure that adequate pedestrian paths are provided throughout the landscaped areas. At least one 24 inch box tree for every 4 spaces shall be included in the development of the overall landscape program. E The maximum spacing between trees in parking areas shall be 30 feet; however, a appropriate clustering of trees may be permitted. G R _d C. All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks, shall be permanently landscaped with suitable materials and o permanently maintained, pursuant to a program submitted by the applicant and approved by the Director of the Parks and Recreation Department. v E CL D. All landscaped areas shall be bordered by a concrete curb that is at least 6 —0 inches high and 6 inches wide. All landscaped areas shall be a minimum of 6 0 feet in width. Concrete now strips at least 6 inches deep and 4 inches wide shall 0 be required to separate turf areas from shrub areas. o CL 0 E. A permanent and automatic irrigation system shall be installed and permanently a` maintained in all landscaped areas. The system shall employ state-of-the-art a water conservation technology and recognize differing irrigation needs of various plant materials. E F. The landscaping plan shall provide for a variety of plant materials, with an a emphasis on drought tolerant species, appropriate for the local environment and c shall include a legend showing common names, sizes, quantities, location, E dimensions of planted area, and percentage of parking lot landscaping. a 15 Packet Pg. 32 5.B.b G. To increase the parking lot landscaped area, a maximum of 2 and 1/2 feet of the N parking stall depth may be landscaped in lieu of asphalt while maintaining the o required parking dimensions. This overhang is in addition to the required yard z setbacks. E M C d E 19.32.040 INITIAL FILING Q d 0 U All applications filed with the Department in compliance with this Development Code shall be initially processed as follows. E 0 0 d 1. Completeness review. The Director shall review all applications for completeness and o accuracy before they are determined to be complete in compliance with Section M 19.32.020 (Filing) above. o N N 2. Notification of applicant. o .y A. No later than 30 days of the filing date of the application, the City shall determine in writing whether the application is complete and has been accepted for £ !` processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided to make the application complete. The C City shall immediately transmit the determination to the applicant. m v U B. Failure of the Director to respond within 30 days of submittal of an application o with a determination as to completeness shall be deemed a determination that the application is complete. E CL 0 C. The applicant has the right to appeal pursuant to Chapter 19.52. > d 0 d 0 O 3. Content of Application. o a` A. The Director may find that unusual characteristics of a project site or the nature of Q a project make it infeasible or unnecessary for the applicant to submit all of the 0 d E information for an application required by this Development Code. s, B. In these cases,the Director may reduce the content requirements if it is also found that the absence of the information will not reduce the ability of the Director to E V 10 Q 16 Packet Pg. 33 5.B.b evaluate the compliance of the proposed project with the standards of this c Development Code. 0 z 4. Appeal of determination of completeness. v E r- A. Appeal of Director's determination. E d (1) If the Director determines that an application is incomplete, the applicant o shall have the right to appeal that determination to the Commission by submitting a letter and fee to the Commission within 15 days of the notice of incompleteness. o d d (2) The applicant's letter shall clearly state the reasons why the applicant °. believes the application is complete. o N (3) Appeals included within this Subsection may also include appeals where it c is alleged by the appellant that the Director erred in refusing to accept or m process an application for failure to pay outstanding fees and charges in compliance with the City's Schedule of Service Charges. In hearing and N deciding an appeal of the Director's determination, the Commission shall E consider the correctness of the amount of the outstanding fee or charge, a and whether the fee or charge is owed by the appellant, if the issues are raised by the appellant. d U m B. The Commission shall make a decision on the appeal of the Director's determination. d E CL 0 C. The applicant shall have the right to appeal the Commission's decision to the Council by submitting a letter and fee to the City Clerk within 15 days of the o Commission's decision. d N O O O D. The Council shall make a decision on the appeal of the Commission's decision. a` a 5. Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project. m a 6. Application deemed withdrawn. If the applicant does not provide the additional information required in compliance with Section 19.32.040(1), above, within 90 days E tafter the date of the letter requesting the additional information, the Director may R 17 Packet Pg. 34 5.B.b consider the application withdrawn if the Director determines that reasonable progress c toward completion of the application has not occurred, unless an appeal of the Director's determination has been filed. Application processing shall not resume thereafter until a z° new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site. E a c d 7. Referral of application. At the discretion of the Director, or where otherwise required a by this Development Code, State, or Federal law, any application filed in compliance 'a 0 with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity. E 0. 0 m CHAPTER 19.31 0 ADMINISTRATION M O O TABLE 31.01. THRESHOLD OF REVIEW N Permit Type Director DRC Commission Council o N Conditional Use Permit(CUP) X Minor Use Permit X w Design Review X d Development Agreement X a Development Code Amendment (X)* X Administrative Permit X Development Permit X or X Final Map X o General Plan Amendment (X)* X U Interpretations (General Plan) X d Lot Line or Boundary Adjustment X a Lot Merger X Minor Modification X d Reversion to Acreage X ° Specific Plan (X)* X N Surface Mining and Land o Reclamation (CUP) (X)* X o Temporary Use Permit X a Tentative Parcel Map X or X Tentative Tract Map X E Variance X L 0 * Commission recommends to Council for final action. Q c m 19.31.030 PRE-APPLICATION CONFERENCE t U Q 18 Packet Pg. 35 S.B.b p A prospective applicant or agent may request a pre-application conference with the Department 0 prior to formal submittal of a land use permit application. This conference should take place N prior to any substantial investment (i.e., land acquisition, site, engineering and construction c plans) in the preparation of the proposed development application. During the conference, the z Department representative(s) shall inform the applicant of applicable policies, plans, and requirements as they apply to the proposed development project, review the appropriate E procedures outlined in this Development Code, and examine possible alternatives or r modifications relating to the proposed project. E d -0 0 U r CHAPTER 19.36 E CONDITIONAL USE PERMITS o AND MINOR USE PERMTI'S > a M Section Page N 19.36.010 Purpose................................................................................... IV-6 0 19.36.020 Application............................................................................... IV-6 N 19.36.030 Project Review.......................................................................... IV-6 ^ 19.36.040 Hearings and Notice.................................................................... W-6 19.36.050 Findings .................................................................................. IV-7 E 19.36.060 Use of Property Before Final Decision............................................. IV-7 a 19.36.070 Conditional Use Permit or Minor Use Permit Expiration....................... IV-7 19.36.080 Modification of Conditional Use Permit or Minor Use Permit................. W-8 19.36.090 Time Extension.......................................................................... IV-8 19.36.100 Revocation............................................................................... IV-8 0 19.36.110 Conditional Use Permit or Minor Use Permit to Run With The Land........ IV-9 U 19.36.120 Performance Guarantee................................................................ IV-9 d E CL 19.36.010 PURPOSE d 0 Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a o review of the location, design, configuration, and potential impact of the proposed use shall be o conducted by comparing the use to established development standards and design guidelines. This ° review shall determine whether the proposed use should be permitted by weighing the public need a for and the benefit to be derived from the use against the impact which it may cause. E E An application for a Minor Use Permit may be made in-lieu of an application for a Conditional Use Permit if the use meets all of the following criteria: a r 0 1. The use will be entirely located within a structure that has previously been approved with E a Development Permit or Conditional Use Permit; a 19 Packet Pg. 36 5 B.b"7 0 2. The use will be less than 10,000 square feet in gross floor area; and N d 3. The use will be exempt from the provisions of the California Environmental Quality Act; ? c d For all other applications for conditional uses, and for all applications for social service centers c and religious facilities/churches, a Conditional Use Permit shall be required. E a 19.36.020 APPLICATION c U An application for a Conditional Use Permit or a Minor Use Permit shall be filed in a manner w consistent with the requirements contained in Chapter 19.32 (Applications and Fees). E a 0 m 19.36.030 PROJECT REVIEW a Each Conditional Use Permit or Minor Use Permit application shall be analyzed to assure that the c application is consistent with the intent and purpose of this Chapter. N N Minor Use Permit applications shall be reviewed and approved by the DRC. G 0 N To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the DRC prior to approval by the E Commission. d CL 19.36.040 HEARINGS AND NOTICE M d U Upon receipt in proper form of a Conditional Use Permit or Minor Use Permit application, a � hearing shall be set and notice of the hearing given in a manner consistent with Chapter 19.52 c°0 (Hearings and Appeals). E 19.36.050 FINDINGS o d d Following a hearing, the DRC or Commission shall record the decision in writing and shall recite °o therein the findings upon which such decision is based. The DRC or Commission may approve c and/or modify a Conditional Use Permit or Minor Use Permit application in whole or in part, o with or without conditions, only if all of the following findings are made: `a a 3. The approval of the Conditional Use Permit or Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and E r Section 19.20.030(6) of the Development Code; x c d E r U W a 20 PacketPg.37 5.B.b tip.. 19.36.060 USE OF PROPERTY BEFORE FINAL DECISION o N No permit shall be issued for any use involved in an application for approval of a Conditional Use z6 Permit or Minor Use Permit until, and unless, the same shall have become final, pursuant to Section 19.52.080 (Effective Date). v 19.36.070 CONDITIONAL USE PERMIT/MINOR USE PERMIT EXPIRATION E a d Within two years of Conditional Use Permit or Minor Use Permit approval, commencement of 0 construction shall have occurred or the Conditional Use Permit or Minor Use Permit shall r become null and void. In addition, if after commencement of construction, work is E discontinued for a period of 1 year, then the Conditional Use Permit or Minor Use Permit shall o become null and void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have 1 year from the o previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, or the Conditional Use Permit or Minor Use Permit shall N become null and void. N C O 19.36.080 MODIFICATION OF CONDITIONAL USE PERMIT y d An approved Conditional Use or Minor Use Permit may be modified, in a manner pursuant to y Chapter 19.32 (Applications and Fees). Minor modifications to an approved Conditional Use d Permit or Minor Use Permit may be approved by the Director, pursuant to Section 19.60 (Minor o. Modifications). r d 19.36.090 TIME EXTENSION 0 0 The approving authority may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed 12 months. Upon granting of an extension, the approving authority shall ensure that the Conditional Use Permit or Minor Use Permit complies c with all current Development Code provisions. d 0 19.36.100 REVOCATION N O 2 The approving authority may hold a hearing to revoke or modify a Conditional Use Permit or 0 Minor Use Permit granted pursuant to the provisions of this Chapter. Ten days prior to the a hearing, notice shall be delivered in writing to the applicant and/or owner of the property for a which such Conditional Use Permit or Minor Use Permit was granted. Notice shall be deemed E delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of San Bernardino, and/or the project applicant. a A Conditional Use Permit or Minor Use Permit may be revoked or modified by the approving authority if any one of the following findings can be made: s v Q 21 Packet Pg. 38 2. That the Conditional Use Permit or Minor Use Permit was obtained by misrepresentation o or fraud; N 6 3. That the use for which the Conditional Use Permit or Minor Use Permit was granted had ? ceased or was suspended for six or more consecutive calendar months; E E c 4. That one or more of the conditions of the Conditional Use Permit or Minor Use Permit E have not been met; a d 0 0 6. That the use permitted by the Conditional Use Permit or Minor Use Permit is detrimental to the public health, safety or welfare or constitutes a nuisance. d E CL 19.36.110 CONDITIONAL USE PERMIT/MINOR USE PERMIT TO RUN WITH THE —,° LAND o M A Conditional Use Permit or Minor Use Permit granted pursuant to the provisions of this Chapter N shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. 0 N d CHAPTER 19.44 ADMINISTRATIVE AND DEVELOPMENT PERMITS CL 0 Section Page d U 19.44.010 Purpose...................................................................................... IV-18 0 19.44.020 Application ................................................................................. IV-18 19.44.030 Applicability................................................................................ IV-18 19.44.040 Hearings and Notice...................................................................... IV-19 E CL 19.44.050 Findings..................................................................................... IV-19 0 19.44.060 Administrative and Development Permit Expiration............................... IV-20 d 19.44.070 Use of Property Before Final Decision............................................... IV-20 ° 19.44.080 Modification of Administrative or Development Permit.......................... IV-21 y 19.44.90 Time Extension............................................................................ IV-21 0 19.44.100 Revocation.................................................................................. IV-21 a` 19.44.110 Performance Guarantee.................................................................. IV-21 a r 19.44.010 PURPOSE E s U A The Administrative and Development Permit procedure is intended to protect the integrity and a character of the residential, commercial and industrial areas of the City, through the application of the provisions of this Chapter consistent with the General Plan. At the time of application E submittal, a review of the location, design, configuration and impact of the proposed use shall be a 22 Packet Pg. 39 S.B.b conducted by comparing such use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for and the N benefits to be derived from the use against the impacts it may cause. o Z C v 19.44.020 APPLICATION d Application for an Administrative or Development Permit shall be filed in a manner consistent a with the requirements contained in Chapter 19.32 (Applications and Fees). c 0 19.44.030 APPLICABILITY AND PROJECT REVIEW d E a An Administrative or Development Permit shall be required pursuant to this Section. None shall N be required for alterations to an existing single-family home, for interior tenant improvements to > previously approved non-residential uses that DO NOT involve an intensification in land use °. (e.g., conversion of a shoe store to a restaurant, or a residential structure to an office use, etc.), or o for exterior alterations on non-residential projects that are in substantial compliance with the existing project. Each application shall be analyzed to ensure that the application is consistent N with the requirements of this Title. o .y A. An Administrative Permit, which is acted upon administratively, shall be required under the following circumstances: E 1. For residential projects with two to four dwelling units, including the relocation or a movement of residential structures; D c m m 2. For tenant improvements and occupancy permits that result in an intensification in L) land use (i.e., from retail to a restaurant, or from a residential structure into a non- residential use); 0 3. For the expansion of a non-residential use or structure that is not consistent with E the existing project. o d 4. For recycling facilities; and o v d 5. For wireless telecommunications facilities. c 0_ 0 a` B. A Development Permit, which is acted upon by the Development/Environmental Review Committee(D/ERC) shall be required under the following circumstances: a Z m 1. For residential projects with five to 11 dwelling units; r i 2. For a new non-residential use or structure or an expanded non-residential use or a ////////������ structure over 5,000 square feet; and r C L V R Q 23 Packet Pg.40 5.B.b Q 3. Adult businesses, in accordance with Section 19.06.030.2.A of this Development o Code. N 6 A Development Permit which is acted upon b the Planning Commission shall be z C. , p P Y g required for residential projects, or projects abutting a residential use in a residential land use district. E v G d E Q 19.44.050 FINDINGS 0 v The appropriate review authority as outlined in Table 31.01 shall record the decision in writing v and shall recite therein the findings upon which any such decision is based. The review authority a may approve and/or modify an Administrative or Development Permit in whole or in part, and 2 shall impose specific development conditions. These conditions shall relate to both on- and off- d site improvements that are necessary to mitigate project-related adverse impacts, and to carry out the purpose and requirements of the respective land use district. The review authority may o approve an Administrative or Development Permit, only if all of the following findings are made: N 4. The approval of the Administrative or Development Permit for the proposed development o is in compliance with the requirements of the California Environmental Quality Act and D) Section 19.20.030(6) of the Development Code; 19.44.070 ADMINISTRATIVE OR DEVELOPMENT PERMIT EXPIRATION E CL Within two years of Administrative or Development Permit approval, commencement of construction shall have occurred or the permit shall become null and void. In addition, if after d commencement of construction, work is discontinued for a period of one year, then the Administrative or Development Permit shall become null and void. Projects may be built in o phases if preapproved by the review authority. If a project is built in preapproved phases, each r subsequent phase shall have one year from the previous phase's date of construction E commencement to the next phase's date of construction commencement to have occurred, or the g Administrative or Development Permit shall become null and void. _ m 0 v d 19.44.080 USE OF PROPERTY BEFORE FINAL DECISION "o a 0 No permit shall be issued for any use involved in an application for approval of an Administrative a or Development Permit until, and unless, the same shall have become final, pursuant to Section a 19.52.080 (Effective Date). E U 19.44.090 MODIFICATION OF ADMINISTRATIVE OR DEVELOPMENT PERMIT a An approved development may be modified, in a manner pursuant to Chapter 19.32 (Applications and Fees). Minor modifications to an approved development may be approved by the Director, E pursuant to Section 19.60 (Minor Modifications). a 24 Packet Pg. 41 S.B.b m 19.44.100 TIME EXTENSION N 0 The review authority may, upon an application being filed 30 days prior to expiration and for Z good cause, grant a time extension not to exceed 12 months. Upon granting the extension, the review authority shall ensure that the Administrative or Development Permit complies with all 0 current Development Code provisions. E d a 0 19.44.110 REVOCATION r d E The review authority may hold a hearing to revoke or modify an Administrative or Development o° Permit granted pursuant to the provisions of this Chapter. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such o Development Permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of San Bernardino, and/or the project applicant. N C An Administrative or Development Permit may be revoked or modified by the review authority if N any of the following findings can be made: 2. That the Administrative or Development Permit was obtained by misrepresentation or E fraud; a 3. That the use for which the Administrative or Development Permit was granted had ceased or was suspended for six or more consecutive calendar months; d 4. That one or more of the conditions of the Administrative or Development Permit have not been met; E CL 6. That the use permitted by the Administrative or Development Permit is detrimental to the 2 public health, safety, or welfare or constitutes a nuisance. o v v N O 19.52.020 APPLICATION PROCESSING o a 2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners of property a within a radius of 500 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as E shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner addresses shall be typed upon gummed a labels, together with required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California. This notice shall state the nature of the request, location of the property(text or diagram), the date, time and place of the scheduled hearing, and the hearing body; or, a 25 Packet Pg.42 in the event that the number of owners to whom notice would be sent is greater than 0 1,000, notice may be given at least 10 days prior to the hearing by placing a display N advertisement of at least 1/8 page in the newspaper having the greatest circulation within c the area affected by the proposed action. The notice shall state the nature of the request, z the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and E c m E Q d v 19.66 SUBDIVISION MAPS 0 c 19.66.150 DETERMINATION E a 0 1. Notice of Public Hearings. Upon receipt of a complete application, the Department shall prepare a report with recommendations after environmental review by the ERC. The o° Department shall set the matter of a tentative parcel map for public hearing before the D/ERC or for a tentative tract map before the Commission, pursuant to Chapter 19.52. A copy of the Department report shall be mailed to the subdivider at least three days prior to the public hearing at the address designated on the application. 0 LA 2. Action. The D/ERC or the Commission shall approve, conditionally approve or deny the tentative parcel map or tract map, as applicable, within 50 days after the tentative parcel W or tract map application has been determined by the Department to be complete, and E report the decision to the subdivider. If an environmental impact report is prepared, the decision by the D/ERC or the Commission shall be made 45 days after certification of the CL report. m m 3. Determination. The tentative parcel or tract map may be approved or conditionally ) approved by the D/ERC or the Commission if it finds that the proposed subdivision, o together with the provisions for its design and improvements, are consistent with the w General Plan, any applicable specific plan, and all applicable provisions of the Municipal E Code. The D/ERC or the Commission may require, as a condition of its approval, that a the payment by the subdivider of all development fees, required to be paid at the time of —0 the application for, or issuance of, a building permit or other similar permit, shall be made o at the rate for applicable fees in effect at the time of said application or issuance of a 0 building or similar permit. o CL 0 The tentative parcel or tract map may be denied by the D/ERC or the Commission on any a` of the grounds contained in the Map Act, General Plan or the Municipal Code. The a D/ERC or the Commission shall deny the tentative parcel or tract map if it makes any of the following mandatory findings contained in Map Act Section 66474: E s U 19.66.160 EXPIRATION a 1. The approval or conditional approval of a tentative parcel or tract map shall expire 24 months following approval by the D/ERC or the Commission. However, the map may be E a 26 Packet Pg.43 5.B.b extended if the subdivider has complied with Map Act Section 66452.6(a) and (e). An o extension to the expiration date may also be approved pursuant to Section 19.66.170. N 6 2. The period of time outlined in (1.) above shall not include any period of time during z which a lawsuit has been filed, whether or not first appealed to the next highest approving body, and is pending in a court of competent jurisdiction involving the approval or E conditional approval of a tentative map only if a stay of the time period is approved by the r D/ERC or the Commission. After service of the initial petition or complaint upon the E City, the subdivider shall, in writing, to the Director, request a stay in the time period of the tentative map. Within 40 days after receiving the request, the D/ERC or the 0 Commission shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the D/ERC or the Commission shall render o its decision. 0 0 N N 0 Mn d N E m CL 7 c m m V v 0 0 U c m E CL 0 m m 0 m 0 0 CL 0 0 a` c m E t U R Y ¢ d E t U 17 Packet Pg. 44 : r [Z q+ON] swell dn aoapo a _moAaa a_a - Vw_43e m a_,Dell v LO 4 4 ¥ IL , m , § 44 - e u, = o ) � / 2 e v e o f / ) u = ( � w \ u veu e = = u 2 ( ± / § \ = u u e c = [§ / u u 0 u u o c u = = u \ # \ 22 / uau e � ) \ e o u c c u ) \ \ u M = in u u e [22 u, = o ce = o co \] [ u uu c = o u u \ 44k m \ § \ u uou un c = au o uu G \ ( } u eeu u : co auu = u 3 \ ) u to \ \ � ) \ � - \ ) ( \ \ \ \ [ E \ m ] C) � � , 2 £ e k § k § \ \ k \ 7 ? J f E § � - - - � � ` ƒ � { / 6 ^ [ - : ) § - \ { f £ £ $ ) \ � \ k ) } § a . ) J CL\ \\ ® r \ \ § / � k4 = \ � ] / § ) y Q4 � E -0x ; }22 ; om � § � ! / m § »: - 2 § 23 ) ) } \ ) ) / / \ ] d � ak \ { ) 3 G ¥ \ \ i (\ ! a)0 uu ! ) § mow ) \ ) \ d § E9OZ) [Z uoisinaa] swab dn-ueeio epoo luawdolanaQ pasodoJd- V luawyoeIy :luawyoelly a ao t , d a IL m Y yf W IL J U d O u N N U U U ti N U 0 D U 0 m U D V K U U m u o o u N K U D D U ti u U D D U N m u O D u N V D D V ti u D D U O u o 0 Y VIN_ Y ` n C Q o7f c E u O m C U O U [y Y "' a M u aNi '> u E o u U O u ate+ Q 1 W 0 c N N Cl U 6' U J Y N c 5 X_ J 2 2 W H PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 12-06 HEARING DATE: September 26, 2012 WARD: ALL APPLICANT: City of San Bernardino ° Contact: Tony Stewart,Deputy Director/City Planner 300 N."D"Street z San Bernardino,CA 92418 d E c REQUEST: £ a To amend and clean up the San Bernardino Development Code to: 1)ensure consistency among c the various Code chapters and sections; 2) ensure compliance with updated laws; and 3) to U update the Code and make it more user-friendly for staff and the community as a whole. E CONSTRAINTS/OVERLAYS: o d N/A o o - o ENVIRONMENTAL FINDINGS: d ® Exempt from CEQA ❑ No Significant Effect 0: ® Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts,Findings and Statement of Overriding Considerations M IL c STAFF RECOMMENDATION: U Approval a Conditions c Denial E Continuance to: U Recommend to Mayor and Common Council a Packet Pg.47 DCA 11-06 September 26,2012 Page 2 i ANALYSIS The current Development Code was initially implemented in 1991; and since that time, many amendments have been made throughout the document. However, amendments that were made to one section may not have been made to others, resulting in inconsistencies among the various parts of the Code. This in turn,is difficult to enforce, and can result in misinformation and a loss of consistent,high quality customer service. 0 Additionally,since 1991,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 the c permitting of solar energy projects), new types of businesses that may not have previously been 95 considered, etc. E V Finally, to provide better and more efficient customer service to the community as a whole, E amendments to the way in which certain applications are processed are proposed. For example, 4 tentative parcel maps are proposed to be heard at a public hearing before the Development c Review Committee, rather than the Planning Commission, which will potentially reduce the a amount of time in which such an application is processed by several weeks, while still providing d a similar level review and public hearing opportunity. a 0 On August 28, 2012 and September 18, 2012, the Legislative Review Committee reviewed and v unanimously recommended that the proposed amendments (Attachment A) be moved to the °. Planning Commission. 0 N FINDINGS OF FACT .r Z' c 1. The proposed amendment is consistent with the General Plan. The General Plan Land Use Map (Figure LU-2) was updated with the rest of the General Plan in 2005. As a result of this update, several former land use categories were either a combined into one category (i.e., Residential Urban (RU)-1 and RU-2 became"RU") or c eliminated altogether (i.e., Commercial Neighborhood (CN). The proposed amendment will ensure that the Development Code is updated to be consistent with the list of land y use districts currently called out in the General Plan Land Use Map. a 2. The proposed amendment would not be detrimental to the public interest, health, safety, d convenience, or welfare ofthe City. s v m The proposed amendment by itself will not directly result in development and therefore, a will not be detrimental to the public health or safety. The proposed amendment will result in revised development application processes, such as the establishment of Minor Use Permits and the requirement to bring Tentative Parcel Maps to the D/ERC, rather than the Planning Commission. Further, the proposed amendment will eliminate inconsistencies found throughout the Development Code, and bring the Development Code into compliance with state laws that have been passed since the Code was adopted (i.e., regulations for solar projects). These revisions to the Code will enable City staff to Packet Pg.48 1i�.. ACA 12-06 September 26,2012 Page 3 process Development Code-related inquiries and 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. FINANCIAL IMPACT The simplification of some of the development application processes (i.e., bringing Tentative Parcel Maps before the D/ERC and establishing the Minor Use Permit process) is expected to make the development process in the City more user-friendly, which in turn, could attract more development in the City. 6 z CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) d E The proposed Development Code Amendment is exempt from CEQA pursuant to Section 15061(6)(3)of the CEQA Guidelines,because the effect of the amendment would not result in a E significant direct or reasonably foreseeable indirect physical change in the environment. 0 0 CONCLUSION d Staff believes the proposed project satisfies all Findings of Fact for approval of Development c Code Amendment No, 12-06. v l RECOMMENDATION l " 0 Staff recommends that the Planning Commission recommend Development Code Amendment No. 12-06 to the Mayor and Common Council for approval. a Respectfully Submitted, Tony Stewart,AICP CL Deputy Director/City Planner z rn U Approved for Distrib a c E e R M. Margo Wheeler,AICP Community Development Director Attachment A Proposed Development Code Sections in legislative format l Attachment B LRC Meeting Agendas for August 28,2012 and September 18,2012 l PacketPg.49 S.B.c ATTACHMENT A PROPOSED DEVELOPMENT CODE CLEAN-UP ITEMS Note: The discussion in italics provides staff's reasoning for the proposed amendment. Additionally, due to space limitations, entire Sections of the Code may not be provided; only those parts recommended for change. Section 19.020.050 DEFINITIONS: The following definitions are added or deleted to provide o ease in interpretation and to ensure consistency between the land use tables, state laws, etc. Cq 6 Accessory Use A use that is incidental to the principal use on the same lot. Z m Animal Boarding The provision of overnight shelter and care for small animals on a commercial basis This classification includes activities such as feeding, exercising, training. E grooming, and incidental medical care. a m v Automotive Stereo Shops. (Same definition as that in Section 19.06.025, Prohibited Uses, but v added herein to the glossaryfor user convenience) d E o. Banquet Hall An establishment operated for profit wherein the facilities are leased on a 2 v tMorary basis for private wedding receptions parties banquets and other similar events. Such > events shall not be open to the general public and may include food preparation facilities and areas for dancing dining and other entertainment including live entertainment activities customarily found in association with banquets or receptions. N d Bar. An establishment that provides on-site alcoholic beverage sales for-drinking on the 2 premises and does not admit persons under the age of twenty-one (21). This classification includes businesses with Alcoholic Beverage Control (ABC)licenses of 40, 42,48,49 or 61. d Y U Blood Bank A place where blood is collected from donors typed separated into components, a stored and prepared for transfusion to recipients A blood bank may be a separate free-standing a facility or part of a larger laboratory in a hospital and may also include plasma centers. Check-Cashing, Cash Advance, and Loan Facilities. (Same definition as that in Section 19.06.025, Prohibited Uses, but added herein to the glossary for user convenience) a C d Convalescent Home A place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living.iving. Residents may include the elderly and younger adults with physical or mental disabilities. Residents in a convalescent home or skilled nursing facility acility may also receive physical occupational and other rehabilitative therapies following an accident or illness. Convenience Store. (Same definition as that in Section 19.06.025, Prohibited Uses, but added herein to the glossary for user convenience) 1 Packet Pg. 50 S.B.c Day Care Home-Small Family. The use of a single-family residence to provide family day care to 86 or fewer children,including children under the age of 10 years who reside at the home, in conformance with California Code of Regulations Title 22,Division 12. Day Care Home-Large Family. The use of a single-family residence to provide family day care to 9-14742 children, inclusive, including children under the age of 10 years who reside at the home, in conformance with California Code of Regulations Title 22, Division 12. 0 Educational Service A private educational institution such as a charter school, university etc. but does not include a vocational/trade/tech school. z° s= Fraternity/Sorority House A building rented or owned, and occupied by a regularl-y-organized E college fraternity or sorority as a place of residence. v E Fuel Dealer. A business that sells heating oil, propane and other fuels directly to end users. Business operations may include deliveries of fuel to customers. Fuel dealers are separate uses 0 from automobile service stations. Oft d 11 ff ttni:4 o. persons who a 62 years o f age or ever, and the flee«area o f the ettaahed dwelling W tinit does not exeeed 30 pereent of the existing living af ea of the primary residenee or the fleef area d 0 C t d t 1, d ",, ar.#f Aes dwelling ..n:t dices net e..eeed 1,200 ...,uam f A en a 1..4 .. M designated as reside.,Ael as defined in Govenimefft Cede See en 65852.1. aD Health/Athletic Club. An establishment with equipment for exercise and physical conditioning This classification includes spas gyms, tennis clubs, racquet ball clubs, pools, diet centers, reducing salons fitness studios health studios and massage therapy as an accessory use to Ix another health and fitness center use. d Y U A Liquor Stores. A retail store principally involved in the business of selling alcoholic beverages, a. including "hard liquor." where sold for the consumption off the premises. This classification C includes stores or facilities that are covered by a State license for"general alcohol sales' Class 21 ABC license). U a Live-Work. A structure or complex of structures that integrates space for both residential and nonresidential uses within an individual unit. Nonresidential uses should operate with limited E noise,odor and other similar impacts, consistent with applicable City ordinances. Mini-Mall. Small-scale,up to 30,000 square feet, multi-tenant shopping center. a Multi-Family Residential. Three (3)or more dwelling units in a single building on a site. Neighborhood Grocery Store. A fitll-service grocery store ranging in size from 5.001 to 15,000 square feet in gross floor area, that sells fresh fruit, vegetables, meat and fish, has food prepared on-site, and which may or may not sell alcohol. 2 Packet Pg.51 Nurseries/Garden Supplies. Fstablishments that sell plants and related items (hoses, hardscaping materials, fountains, fertilizer, etc.) in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. Party Supply Stores. (Same definition as that in Section 19.06025, Prohibited Uses, but added herein to the glossaryfor user convenience) 0 Pawn Shops. (Same definition as that in Section 19.06025, Prohibited Uses, but added herein to the glossary for user convenience) z6 c Repairs/Services, Miscellaneous. Small-scale businesses under 5,000 square feet in gross floor E area which provide on-site repair and service of items such as computers appliances r electronics, plumbers, etc., but excluding vehicle repair and the installation of vehicle QE components, such as car stereos,window tinting etc. (, 0 Restaurant,Take-Out Only. A use providing preparation and retail sale of food and beverages, as defined under"Restaurant",but which contains no seating area for eat-in or outdoor dining. E a Recycling Center. Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public, o unless required as a Certified Recycling Center by the California Public Resources Code, or donation drop boxes operated by a valid non-profit organization. c N Second Hand Stores/Thrift Stores. (Same definition as that in Section 19.06025, Prohibited Uses, but added herein to the glossary for user convenience) m Self-service Laundry. (Same definition as that in Section 19.06.025, Prohibited Uses, but added herein to the glossary for user convenience) v R a Single-Price Overstock/Discount Store. (Same definition as that in Section 19.06.025, Prohibited Uses, but added herein to the glossary for user convenience) (n m Smoke Shops. (Same definition as that in Section 19.06.025, Prohibited Uses, but added herein � to the glossary for user convenience) a c CD Specialty Food Stores. Retail stores L specializing in particular or distinctive food items, including but not limited to retailers whose primary business maintains an inventory of gourmet, health, or ethnic food items not commonly found in area supermarkets or convenience stores,with no alcohol sales nornemore than 15 percent of the gross floor area devoted to the sale of related accessory items. Supermarket. A full-service, self-service retail store, larger than 15,000 square feet in gross floor area,which sells food and household supplies. 3 Packs Pgf,5V Tattoo Parlors and/or Body Piercing Studios. (Same definition as that in Section 19.06025, Prohibited Uses, but added herein to the glossary for user convenience) Tire Stores. (Same definition as that in Section 19.06.025, Prohibited Uses, but added herein to the glossary for user convenience) Transit Center. A passenger station for bus and rail mass transit systems including bus bays, railway_platforms, administrative offices, security, quasi-public meeting rooms, public waiting areas, public restrooms, also providing minor ancillary services for administrative purposes o and/or maintenance of vehicles or trains and provision for supportive paratransit services. 6 Z Transportation/Distribution. Establishments whose sole purpose is to provide for the c consolidation,division and/or distribution of bulk goods through the use of large trucks and trailers. E This classification includes cross-dock trucking uses, which have only minimal warehousing a m facilities. E a Truck Stop. A commercial facility that provides fuel, parking and usually food and other c services to long-haul trucks. Truck stops are usually located on or near a bu4 road and consist of U a diesel grade fueling station with bays wide and tall enough for modern tractor/trailer rigs and E have a large enough parking area to accommodate trucks or other heavy vehicles. Auto-related a services, similar to automobile service stations may or may not also be an incidental use within d the truck stop. o Veterinary Services. Any facility used for the purpose of giving licensed medical treatment to 0 animals or pets and any other customarily incidental treatment of the animals, such as grooming, or selling of pet supplies, and which may or may not provide boarding. c a m tr SECTION 19.02.060 — ESTABLISHMENT OF LAND USE ZONING DISTRICTS: Revise this list to ensure consistency with the amendments proposed herein and to ensure consistency with the General Plan. a a 19.02.060 ESTABLISHMENT OF LAND USE ZONING DISTRICTS fq 1. ESTABLISHMENT OF ZONING DISTRICTS a San Bernardino shall be divided into land use zoning districts which consistently implement the General Plan. The following zoning districts are established: RU-4 (Residential Urban)District a CO-4 (Commercial Office)District CG-2 (Commercial General-Base LinaM. VenieaJ2 District CG-3 (Commercial General?Tn ••°ais.�V"llage3)District 4 Packet Pg. 53 OS (Open Space)District RSH (Residential Student Housing,) District UBP (University Business Park)District(UBP-l.UBP-2,UBP-3) SECTION 19.04.020, TABLE 04.01: Revise the table to ensure consistency with the related standards located elsewhere in the Code, or with state laws and to make this Section more user- friendly. o N r 19.04.020 PERMITTED, DEVELOPMENT PERMITTED AND 6 CONDITIONALLY PERMITTED USES E v The following list represents those uses in the residential districts which are Permitted(P), subject to an Administrative or Development Permit (D), a Conditional Use Permit(C),a Fence Permit E (F) or E Prohibited(X): 0 U TABLE 04.01 PERMITTED,DEVELOPMENT PERMITTED,AND E CONDITIONALLY PERMITTED USES o 1. Residential Uses RE RL RS RU RM RMH RH RSH d o M 0 A. A&rdeble Reusing G E G G G G G X F. Day Care Homes,Family 68 or less children P P P P P P P X -79 to 124 children D D D D D D D X MC 841 7/7/92 Y S D O D D D D D X N. Planned Residential Dev. X X X D XD XD XD X a. O. Second Dwelling Unit DP DP DP DP DP DP l3P X S S. Small Lot Subdivision X X X D XD XD XD .X R M rn U IL 5. Accessory Uses d B. Fences and Walls DF DF DF DF DF DF DF X C. Garage DP DP DP DP DP D DP DP X D. Garage Sales GD GD GD GD X X X X a F. Patio/Gazebo DP DP DP DP DP DP DP X G. Storage PP DP DP DP DP DP DP X 6. Other E. Social Service Uses/Centers X X X GX C C C C 5 Packet Pg.54'= S.B.c SECTION 19 04.030 TABLE 04.02—RESIDENTIAL DEVELOPMENT STANDARDS Clarify that the minimum lot area in column I is for new developments. Revise footnotes 2 and 3 to speck that the reduced lot size allowances are for existing lots and that new lots to have a minimum size of 14,400 square feet in the RM zone and 20,000 square feet in RMH and RH zones, and delete statements regarding densities for reduced size lots (already covered in definitions of each zone, where sub-standard lots must comply with the RU density). Combine o RU-1 and RU-2 into RU(consistent with Section 19.04.010.2.D). These amendments would be as follows: 6 Z c d TABLE 04.02 RESIDENTIAL DEVELOPMENT STANDARDS a Standard RE RL RS RU ' °' ' RM RMH all RSH CO-1.2 GC-2 CR-2 v Lot Area Max.Units/ 0 OresstiGt Acre I 3.-1,5 4.5 8 12 244 31 20 12W/21E 47 U 12 Sr. 18 Sr. 34¢Sr. 47 Sr.(60 Bedrms)47 St.18W/31BSr. 130 Sr. m Lot Area(s.f.) I ac. 10,800ay.7,200 7,200 7;200(t)14,400(2)20,000(3)20,000(3)5 ac. I ac. 1 ac. 1 ac-R E (Min,required for 9,720 min 20,000MU 0 CL new development m (2) The min.lot size may be less than 14,400 s.ffor parcels existing Prior to November 1 2011.-baHHe-Max,do rsity-is-8 dwelling-units-per gi05S90F0—, 2-(ar�Bnlgl�g0llillee: M (3) The min,lot size may be less than 20,000 s.f, foryarccls existing prior to November L 2012�v1Hr-ihe-feftewing-restrietiens=--14;400-.te 'a . . r-14;400 :f-Ig4si�s--$-Aweaings-er-F3Seuier-units: d c_ a SECTION 19.04.030 TABLE 04.03 —RESIDENTIAL DISTRICTS SPECIFIC STANDARDS d Delete the reference to "Granny"Housing in Section P, in compliance with state law. U a CL SECTION 19.040.030.2.G — GUEST ROUSE DESIGN STANDARDS., Clarify the first paragraph to reflect changes to Table 04.01 as follows: U 19.04.030 LAND USE DISTRICT DEVELOPMENT STANDARDS a a, 2. LAND USE DISTRICT SPECIFIC STANDARDS E U G. GUEST HOUSE DESIGN STANDARDS a Guest houses are subject to GendilienaPUseDevelopment Permit review and shall be constructed in the following manner: 6 Packet Pg. 55 SECTION 19.06.010.2 —PURPOSE (OF COMMERCIAL DISTRICTS): Amend this Section to delete certain Commercial land use districts, as they are no longer contained on the General Plan Land Use Map, relocate 01P to the Industrial Section since it is an industrial use, and relocate descriptions of the UBP-1, -U8P-2 and U8P-3 land use districts to Section 19.10.030,4.S, the University Business Park Specific Plan section. 2. The purpose of the individual commercial land use districts are as follows: A. N Tl.:s d:st.:st intended to ..«,...:de F the ....«ti«..ed a «�«..:.... s.,d .. 6 Y C d C D.A. C04(COMMERCIAL OFFICE)DISTRICT d This district is intended to provide for the continued use, expansion, and new development of administrative and professional offices, hospitals, and supporting c retail uses in proximity to major transportation corridors and ensure their E compatibility with adjacent residential and commercial uses. Additionally, this c district permits a maximum density of 47 units per gross acre for senior citizen and senior congregate care housing. Existing single family residential structures may 0 remain as a permitted use. M O . O N d C e demelitien e O existing residentW atweetures where feasible, in designated affeaq for- lew intp d K adr&it9strative and professional e€fess. "dd:t:e.,,,n.. a,:., d:..t.:e. _ .....:t. _ m eafe Y V no R;stirs a single f mil J residential stmetwes J a. y use: a K F.C. CG-2(COMMERCIAL GENE ,DISTRICT in U a This district is intended to enhance the economic activity of the Baseline Street and 4i Mount verse., Avenue, and a",__ appropriate commercial corridors; infilling and intensifying existing development, establishing new key activity centers and nodes, E r allowing for the development of medium and medium high residential density as =° alternative uses. The residential development shall have a minimum contiguous area a of I gross acre with a maximum density of 12 units per gross acre along Mount Vernon Avenue and Baseline Street and other designated locations west of 1-215 and a maximum density of 21 units per gross acre along Baseline Street and other designated locations east of I-215. Additionally, a bonus density of 50% for the development of senior citizen and senior congregate care housing shall be permitted, subject to the approval of a Conditional Use Permit. 7 Packet Pg. 56 5.B.c F,D. CG-3(COMMERCIAL GENERAL ,DISTRICT This district provides for the development of local and regional serviruz retail personal service, entertainment, office and related commercial uses. This district includes, but is not limited to, properties adjacent to California State University at San Bernardino along North Park Boulevard, Kendall Drive, and University Parkway for commercial and personal service uses to meet the needs of students, faculty, and visitors, and properties along Mt. Vernon Avenue, between 0 and 91s E Streets,within the Pasco Las Placitas Specific Plan area. N 0 z c m This d:striet is intended to n mete the g«ad:ng and enhancement of m E Women Avenue between Atl, and 9th Streets by establishing a ethnis them d � > ineluding Felail, > . gift shops Q aind s4rAlar uses. Additional!)- this Elistiiet shall f4eilitate the reuse of the F-aikend a depot and ad:..eent properties for retailApee:al y eammeroial and si ihw nag .Design o U guidelines for the Mount Vernon Corridor (Pasco Las Placitas) are contained in Chapter 19.10, Special Purpose Districts,Section 19.10.030(3). E 0 II: 0 This d:striet is intended ntene to p.a .:d for- t1, ti d e eannue , as enhaneement d .. development of O retail, O along 1 21 C and : t. peEtali.. Frida and «te e`io 1-• t, u _ ._.- �.» _.».fig. .. .a.1....m ..... -..... ..... -... ... -.....� ....... ... ,a . Verde mew A« to serve the needs of residents. a nF g �a n••o stig 1 C v MC 863 3,94193 CZ' d Y IE. CR-1 (COMMERCIAL REGIONAL-MALIA)DISTRICT cz a This district is intended to maintain and enhance Centrals an 4 the Inland Center W Malls and adjacent properties to this and the Carousel Mall as the principal region- serving retail centers of the City. V) U a AEI. CCS-1 (CENTRAL CITY SOUTH)DISTRICT d E This district is intended to permit general retail, professional office and medical v types of uses. Standards are contained in Chapter 19.13. a OIP(OFFICE INDUSTRIAL PARK)DISTRICT apprepri� areas as disthwAive office industrial parks and ear-pe 8 Packet Pg. 57 S.B.c Gily ,.na regiena4 neede c.........w:.,.. ..°«,,ilke..,mer-eial s . be legated--;t3 rr + T1.' d' « t. ll ineffiVerates dwea separeAe d:etriets Hated as part of th Univemity Btisiness Park Speeifie Nan and am it#eaded to apply only to panels 9 , SpeeW O N . P 6 �n � Z U U$P4 d E 9 C Ce entiall. it nibi fi uses euffently ffni ted-W:tl.A... to E mete T-ae:at.t t..enannatat:an ta.age # v t t gas v n. s ue steps, a ,. a U 2= UI3$-3 aci E a The rinn 2 desig etien nM3 asizes the t meat eomnweial .etas $iises m heave« (and leas desirable) uses dmi would not be appropriate yAth n � ..lti[III]-0. .. Cl)business paAE sea4ng. Per e eamps »d DV «La u nnw and a „»d N r fneral a«le....� tk nd UV re••»al• »be avu • d C_ M UB" Y The UBP Z dea:anatien en.nl mimes large stand elan° uses Whie1, have Y Single fteestandiag big- on eael3 paFeel. 14 weeld net-� a oommereial eenters vvM several small tenants. Light manufaetwing uses, CL ineluding waaFehouses—{and £'eseareh and developmerA businesses�e tr m to U the yisea1 :...past to the WeFstate freeway. MC 856 QQ1/92 a C d E L U A SECTION 19.06025 - PROHIBITED USES: Amend Subsection K, "Recycling Center" to ensure compliance with state codes. 19.06.025 PROHIBITED USES 1. K. Recycling Center - Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, 9 Packet Pg,58 5.B.c recyclable materials from the public unless required as a Certified Recycling Center by the California Public Resources Code, or donation drop boxes operated by a valid non-profit organization. SECTION 19.06.030.1 —GENERAL STANDARDS: Revise Table 06.02 to be consistent with the revisions made to Section 19.06.010.Z Purpose, as,follows: 0 N 1 TABLE 06.02 COMMERCIAL DISTRICTS DEVELOPMENT STANDARDS z6 DEVELOPMENT CG- CCs c I& m STANDARDS GN C04 69-2 G94 CG-2 CG-3 66-4 CR- CR- CR-3 CR- CH On) 1 E 1 2 4 d 6ressNetLot Area' .;290 10k 40k 10k 10k 10k 49k 0 - 0 10k 1 ac. 10k 40k 10k I E Front Setback 45 IS 43 10 10 15 40 0 0 IS 20 10 W 20 Rear Setback 44 10 A 03 0' 0" 0' 0 0 10 0 0 49 10 c d Side Setback(Each) 49� 10 40 0' W Or e 0 0 10 5 0 40 10 C Side Setback j (Stree(Side) 40 10 49 10 10 10 40 0 0 10 20 10 40 10 m t] Lot Coverage c� (Maximum 0/0) 30 50 50 50 50 50 30 75 100 75 75 75 39 50 tO 0 N Structure Height (Maximum) 4-6t- 4 St.' 2s6 2 st° 2 St. 2 St. 3sE 4 St. 4 s[.^ 2 st. 2 St 6 2 d (Feet) 23 52 30 30 30 30 42 52 100' 52 30 45 42 30 c m St.=story ac.=acre Y e U a a tx m « U a c m t This standard is only required for new commercial or industrial subdivisions E 2 The minimum setback of 20 feet is required only on major or secondary arterials. Ten(10)feet is the minimum front setback on all other streets. 'Except if adjacent to any Residential Land Use District,the minimum side or rear setback shall be 10 feet. a 4 Except within 75 feet of any Residential Land Use District,the maximum height is 2 stories or 30 feet. e Except additional height may be allowed as provided by bonus height provision of Section 19.06.030(2)(E), 6 May exceed this height with a Conditional Use Permit,pursuant to Section 19.36. In CG-1,the site must abut a freeway. CCS-1 was added with MC 941 on 6-6-95. 10 Packet Pg.;59 SECTION 19.06030.2C — AUTOMOBILE SALES: Revise the introduction paragraph, to specify that dealers proposed with the CR-4 zone require a Development Permit, not a CUP (per Section 19.060.020, Table 06 01, Commercial Districts List of Permitted Uses) as follows: 19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS 1. GENERALSTANDARDS C. AUTOMOBILE SALES ° N r Automobile sales dealerships, new and/or used, in the City must conform with the Z intent of this Development Code and shall enhance and promote the image of the City. A Development Permit shall be required for automobile sales dealerships of E new vehicles and a Conditional Use Permit shall be required for automobile sales dealerships of used vehicles, and all dealerships must be constructed in the E following manner; 0 U c SECTIONS 19.06 025 (PROHIBITED USES)AND 19.06 030.2.F.4 (CONVENIENCE STORES: Currently, the Development Code discusses standards for convenience stores in two subsections: 2 0. in Prohibited Uses (Section 19.06025) and in the development standards for specific commercial land use types (Section 19.06.030.2.F.4). However, these subsections are c inconsistent. Therefore, staff is recommending the following revisions to Section 19.060.030.2.F.4 to ensure that it will be consistent with the more restrictive requirements of N Section 19.06.025: d c F. CONVENIENCE STORES o v 4. No convenience store shall be located within a one-mile radius of another 5 convenience store or less than 1,000 feet from ° ce store, or an existing elementary,junior high school, or high school, a as measured from one property line to another. Service stations that include a convenience store as an ancillary use are not subject to the 1;099 feet distance restrictions from other convenience stores. Exceptions to the 1,000 feet distance y restrictions from schools may be considered on a case by case basis through the a Conditional Use Permit Process, considering mitigating factors of circulation patterns, security and management plans and subject to recommendations from d E the affected school district. U a SECTION 19.060.030.2.✓—MICROBREWERY: In response to several inquiries and to increase the variety of businesses that could be started in the City, revise this Section as,follows: J. MICROBREWERVIES/WINERIES 11 Packet Pg 60r.;_; Microbreweries and wineries may be established subject to Conditional Use Permit review and shall be constructed in the following manner: 4-. . MierebFeweFias shall be permitted only an pareels leemed within be4h the GR a land us-e 2:1. Fifty percent of the total building square footage may be used for production and storage of beer or wine produced on the premises. m 0 N r SECTION 19.06030.2.0 — RECYCLING FACILITIES: Ensure compliance with Section z6 19.06 025 (Prohibited Uses) and provide allowances only for Certified Recycling Centers and � donation drop boxes operated by valid non-profit organizations as follows: E E c 19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS E a 1. GENERAL STANDARDS 0 0 U Q. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS d E CL 2. The standards for recycling facilities are as follows: d i v b. Small collection facilities that are required as Certified Rec cling °. Centers by the California Public Resources Code or that are o operated as drop-boxes by valid non-profit organizations only, and which are located within applicable commercial and industrial land d use districts shall be subject to a Development Permit, and comply c with the following standards: d Y U SECTION 19.06030.2.T— SERVICE STATION STANDARDS: Staff has received a request to a allow the establishment of a new service station at the southeast corner of Baseline and Medical S Center. However, the site immediately abuts property with a residential land use designation to w the south and the Development Code prohibits the establishment of new service stations adjacent in to residentially designated properties. Therefore, the proposed service station is not currently c.) allowed at this location. This requirement is unique; however, service stations are typically only a allowed with a Conditional Use Permit, as is the case in San Bernardino. The Conditional Use d Permit process enables the City to exercise a higher degree of discretion when acting upon an u application, including adding conditions of approval. Further, the Development Code has g standards to require buffering between residential land uses and existing service stations that a are modified, which could also apply to new service stations. Therefore, since the City's Development Code already requires a Conditional Use Permit for the establishment of new service stations, and to accommodate the recent request, staff recommends that Section 19.06030.2.T.1 be modified to delete the requirement regarding proximity of new service stations to residential uses as follows: I 12 Packet F977677,771 S.B.c T. SERVICE STATION STANDARDS 1. New service stations shall be permitted only at the intersections of major and secondary arterials,and along major or secondary arterials with freeway off- ramps within the Freeway Corridor Overlay District. Stations within the Freeway Corridor Overlay shall only be located at the intersection of the arterial with the freeway on- and off-ramps or with streets forming the boundary of the Freeway Corridor Overlay District. A maximum of 3 service stations shall be permitted at each intersection,or on each side of the ° freeway along a major or secondary arterial with a freeway off-ramp within the Freeway Corridor Overlay District, provided that at least one station z6 offers only non-petroleum alternative fuel. The use " net adjoin a c d E v . c Stafffurther recommends that Section 19.06.030.T.19 be revised to pertain to all service stations a as follows: „ 0 0 19. Where an-existing service station adjoins property in a residential land use district, a six-foot high decorative masonry wall shall be constructed at the E time the station requires a permit for the on-site improvement/modification. c Materials, textures, colors and design of the wall shall be compatible with on-site development and adjoining properties. When the wall reaches the o established front-yard setback line of a residentially designated lot abutting or directly across an alley from the service station, it shall decrease to a o height of 30 inches. d SECTION 19.06030.12 — HOTELS. MOTELS. AND EXTENDED LODGING FACILITIES: Amend this section to add the term "B&B°, as.follows•: Y U A 1. GENERALSTANDARDS a a a: Z. HOTELS,MOTELS, B&BS.AND EXTENDED LODGING FACILITIES m I. Hotels end, Motels and Bed & Breakfast Inns (B&Bs) are allowed in the IL CG115, CG-2, 049-4;CR-2, CR-3, and CGS-1 land use districts. Extended Lodging Facilities are allowed in the CR-2 and CR-3 land use districts. E L U 2. Hotels and, Motels and Bed & Breakfast Inns (B&Bs), and Extended Lodging Facilities are subject to a Conditional Use Permit and shall a comply with the following standards in addition to any conditions imposed by the Planning Commission, 13 PacketPg.62 SECTION 19.08.010.2—PURPOSE (OF INDUSTRIAL DISTRICTS): Amend this Section to add the description of the Office Industrial Park (01P) District, previously located in Section 19.00, Commercial Districts, since this is an industrial land use district. 19.08.010 PURPOSE 2. A. OIP(OFFICE INDUSTRIAL PARK DISTRICT o N r This district is intended to establish the `i':.......... A- enue c ffaae: and l o z appropriate afeas distinctive office industrial parks and corporate centers serving c City and regional needs. Supporting retail/commercial services may be located in E Corporate Office Industrial Park structures. d E v SECTIONS 19-10.010.2. AND 19.10.020 — SPECIAL PURPOSE DISTRICTS. Add the Open c Space (OS) Special Purpose District to be consistent with the General Plan and revise the y general standards for the Special Purpose Districts as,follows: r E a 19.10.010 PURPOSE —° d d 2. The purpose and permitted uses for each of the individual special districts are as follows: °• 0 F. OS(OPEN SPACE)DISTRICT d This district is intended to preserve areas of permanent open space. —�—� m 19.10.020 GENERAL STANDARDS m m v Any structure located in a special purpose district (except the Open Space District, wherein all aca structures are prohibited) shall be subject to an Administrative or Development Permit and shall be: m in U SECTION 19.10.030.4.5— UNIVERSITY BUSINESS PARK: Relocate the discussion of the land a use districts Within this Specific Plan area to this Section, since this is the portion of the Development Code that already contains the standards for this special purpose district, as E E follows: a 19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS 4. Specific Plan 92-01, University Business Park S. University Business Park incorporates three separate districts created as part of the University Business Park 14 Packet Pg.63 5.B.c Specific Plan and are intended to apply only to parcels within the boundaries of the Specific P1an.These are labeled UBP-1,UBP-2 and UBP-3. 1. UBP-1 The UBP-1 designation emphasizes industrial and non-retail commercial service uses. Essentially, it combines uses currently permitted within the OIP and IL designations,but without the more intense industrial uses such as in motor freight transportation,mini-storage,truck stops,service stations,etc. 4 N r 2. UBP-2 6 C The UBP-2 designation emphasizes the typical commercial retail uses E currently permitted in the CG-1 designation but eliminates some of the heavier (and less desirable) uses that would not be appropriate within a a business park setting. For example, the UBP-2 does not permit recreation camps and RV parks, funeral parlors, truck and RV rental agencies and o commercial sports. No outside uses or storage is permitted. c m 3. UBP-3 0. 0 m The UBP-3 desimation emphasizes large, stand-alone uses which have a o single freestanding building on each parcel. It would not permit strip commercial centers with several small tenants. Light manufacturing uses, o including warehouses and research and development businesses, are permitted as long as all activities take place indoors and there is no-outside storage. One of the primary criteria for structures within this designation is the visual impact to the Interstate freeway. d Table 10,03 represents those uses allowed within the sub-areas, subiect to a o Development Permit(D), a Conditional Use Permit (C) or a Temporary Permit a M. (See Table 10.03, University Business Park,List of Permitted Uses.) w SECTION 19.20.030.23—SOLAR ENERGYDESIGNSTANDARDS a Because Section 65850.5 of the California Government Code prohibits a local jurisdiction from r hindering the installation of solar panels and equipment, delete subsections F, G, H and I as follows: 0 a 19.20.030 GENERAL STANDARDS 23. SOLAR ENERGY DESIGN STANDARDS 15 Packet Pg. 64 1?: Reef. rated solar eelleeteffi shall be laced in the melt obseti e Y• vvean'pa without redueing the operating efAe:eney of the eellecto«.. All ,«eunted d ground moo ted eelleet•,«.. shall he se..eened F e.,, publie ..:,.,,.. ground Reef fflou»ted eelleeters shall be installed at the safne angle . as elv oem e:hle t.. the mach efthe«,...f 9-. A« «te ,at equipment, p a4ieade,l5 plumbing and elated fixtures V- ..1. h ,. netelled in the .,tti„ G N r h °.;ate,,,,. ,,,,r»eeS of the e011eete,S and elated equipment shall have a ma4te fi ' h o d shall be color coordinated to h ' h veef materials eF h d.,a,,:meted eel„«.. ..f ahp. st«..eta.«e E 'a c v E SECTION 19.22.080.7—OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS a d 0 0 Since there is no longer a Redevelopment Agency, revise and clean up this section as follows: U r c d A. Off-site electronic message center signs are permitted only in part ensofthe Freeway E CL that ., .dth:n .edo..ei.,.,.,,ent n e.,t G Corridor Overlay District nas, subject to a Conditional Use Permit, and subject to the provisions in the Outdoor Advertising Act o (Chapter 2 in the State of California Business and Professions Code). These provisions include, but are not limited to,placement,location, content,and maintenance. 0 N B d proposed f the he ef:t of the ede elopme.,t ,... 'eet shall be ad.ed t C r- r _ ___ ____ ____. _ _r__.__. r__J.. a .....» ., eya. ....-=Yii�t�o a d 499. d Y U site electra r Freeway ge ente signs must be leeeted in the Gerr'de«O t m a. Dist« et ubjeet to the pfovisions in the O•ut't"'�aemm yea.a'da'ei4isin.a Art (Chapter 2 in / State a of California Business and Wofess:e s Code).ThesepravistBns include, but aFe ,tvr � M U a CHAPTER 19.24 — OFF-STREET PARKING STANDARDS: Several amendments are v recommended, to provide clarification far certain uses, to ensure consistency with other Sections z ofthe Municipal Code, and to make the Development Code more user-friendly. 1. Since the term "delicatessen/donut shop" is proposed to be replaced with "Restaurant — Take Out Only" in the land use table, this parking standard should be revised to call for I space for each 250.sf, ofgfa (vs. 1:100), since no seating would be allowed and the use would therefore, function similar to other retail uses. Section 19.24.040 would be as amended as follows.- 16 Pack6 Pg.65 19.24.040 NUMBER OF PARKING SPACES REQUIRED Dolieatessen�denutsliepRestaurants,take-out only 1 space for each 1-09250 sf, of gfa, 2. Amend Section 19.24.060.2, Commercial Vehicle Parking, to be consistent with SBMC Section 10.16.120 as follows: 19.24.060 DESIGN STANDARDS 0 2. COMMERCIAL VEHICLE PARKING 6 z Y C leagh or tewea a ept shall peak between the he„_s of 60 P.M. and 6:0 E A M on pFizvate property e r.ublie rights of ay in r.:d"ally designated areas, � pra.....� ..: yw,.,.v ..6..w ... way .,. .w.............� ,.,....b....wu- c d E subject to the approval of the Direeten-It shall be unlawful for the driver, owner or a d operator of any commercial vehicle having a manufacturer's Gross Vehicle Weight o rating (GVWR) exceeding 10,000 pounds to park, or cause to be narked, except for r the immediate loading and unloading of goods, any such vehicle upon Any public E street, or alley, or on any residentially zoned pronerty, within any residential land c use district in the City. This prohibition shall not apply to construction sites during the construction process or to vehioles in the pwoess of making del:,.e_. e piek" creational vehicles. 0 3. Move the landscaping requirements (Subsection 19.24.060.6) to Chapter 19.28 — LANDSCAPING as new Subsection 19.28.050 STANDARDS FOR PARKING AREAS a 4. Within the new Subsection 19.28.050.STANDARDS FOR PARKING AREAS, specify that � a minimum of 15% of the net area of all surface parking areas shall be landscaped in d addition to the required setback areas (not currently clearly noted in this Section). Thus, the first paragraph would be revised as follows: a Y Q 19.28.050 STANDARDS FOR PARKING AREAS w Y) In addition to landscaping of all required setback areas, ate minimum of 15% of the net L) area of all surface parking areas shall be landscaped as follows: a c d E t TIME LIMITS FOR PROCESSING APPLICATIONS x a All public agencies, including charter cities, mandated by the state's Permit Streamlining Act to deem a project incomplete%omplete within 30 days of a submittal or after each resubmittal by an applicant. Further, the City must also then process an application within the time/rames established by CEQA, depending upon the type of environmental document being prepared. However, it does not appear that a time limit in which to deem an application withdrm+m due to inactivity by an applicant is currently in force. Such a time limit would compel the City to 17 Packet Pg 66 ensure that applications were deemed withdrawn, closed out and any unused fees returned to an applicant in a timely manner. Therefore, the following amendment would improve customer service by ensuring permit processing timelines will be in compliance with the Permit Streamlining Act and also help with the City's bookkeeping by specifying the time in which an application could be withdrawn due to inactivity. Below, is verbiage that San Bernardino could add as Section 19.32.040 et seg.: 19.32.040 INITIAL FILING O N All applications filed with the Department in compliance with this Development Code shall be o initially processed as follows. d E 1. Completeness review. The Director shall review all applications for completeness and v accuracy before they are determined to be complete in compliance with Section E 19.32.020 (Filing) above. 0 U 2. Notification of applicant. d — E a 0 A. No later than 30 days of the filing date of the application,the City shall determine in writing whether the application is complete and has been accepted for o processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided to make the application complete. The City shall immediately transmit the determination to the applicant. B. Failure of the Director to respond within 30 days of submittal of an a lication with a determination as to completeness shall be deemed a determination that the x Mlication is complete. a a o: C. If an applicant is notified that a submitted application is incomplete,the time used w by the applicant for preparation and submittal of the required additional V) information shall not be considered part of the period within which the Director a shall complete the determination of completeness. v E U D. Submittal of the additional Director-requested information shall establish a new 30-day period for a determination of completeness. a 18 Packet Pg. 67 5.B.c 3. Content of Application. A The Director may find that unusual characteristics of a project site or the nature of a project make it infeasible or unnecessary for the applicant to submit all of the information for an application required by this Development Code. B. In these cases, the Director may reduce the content requirements if it is also found that the absence of the information will not reduce the ability of the Director to 0 evaluate the compliance of the prpposed project with the standards of this Development Code. zo c 41 Appeal of determination of completeness. d E A. Appeal of Director's determination. a„ 0 0 U If the Director determines that an application is incomplete, the applicant shall have the right to appeal that determination to the Commissioner a submitting a letter and fee to the Commission within 15 days of the notice N of incompleteness. o M The applicant's letter shall clearly state the reasons why the applicant N believes the application is complete. d C Anneals included within this Subsection may also include appeals where it is alleged by the appellant that the Director erred in refusing to accept or process an application for failure to pay outstanding fees and charges in compliance with the City's Schedule of Service Charges. In hearing and a deciding an appeal of the Director's determination, the Commission shall w consider the correctness of the amount of the outstanding fee or charge @ and whether the fee or charge is owed b the he appellant, if the issues are raised by the appellant. a c m E B. The Commission shall make a decision on the appeal of the Director's C determination. m a C. The applicant shall have the ri hg t to appeal the Commission's decision to the Council by submitting a letter and fee to the City Clerk within 15 days of the Commission's decision. 19 Packet Pg. 68 NO D. The Council shall make a decision on the appeal of the Commission's decision. 4. Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project. 5. Uplication deemed withdrawn If the applicant does not provide the additional information required in compliance with Section 19.32.04001, above, within 90 days o after the date of the letter requesting the additional information the Director may N consider the application withdrawn if the Director determines that reasonable progress Z toward completion of the application has not occurred unless an appeal of the Director's determination has been filed Application processing shall not resume thereafter until a E new application is filed including fees plans exhibits and other materials that are required for any project on the same site. a 0 v 0 6. Referral of application At the discretion of the Director, or where otherwise reguired by this Development Code State or Federal law, any application filed in compliance with this Development Code may be referred to any_public agency that may be affected g- y or have an interest in the proposed land use activrtv. o ARTICLE IV — ADMINISTRATION: Revisions are recommended to make the development N process more clear and/or more business.Mendly. The proposed amendments are: 1) require that Tentative Parcel Maps be heard by the DIERC, rather than the Planning Commission; 2) make Pre-application applications optional rather than mandatory; 3) to establish a "Minor Use Permit"process, which would allow small-scale applications for conditional uses to be heard by 9 the DIERC at a public hearing, rather than at the Planning Commission level; and 4) to cleri.fy x the levels of Development Permit review by renaming the existing Development Permit Type 1 to "Administrative" Permit (since these are processed administratively) and replace the modifiers o "Type 2" and "Type 3" Development Permits with "DIERC" and "Planning Commission", it respectively. TABLE 31.01. THRESHOLD OF REVIEW a C DiF cliff D41C Commission Cenneil E E m Q intoipracuclens(Dev. Code) x x (Or,d MG 789,6 3 91) TempeFary Use Defin t.. X Minof Dleeptiexs vatianees 20 Packet Pg. 69 S.B.c DeyeleY«,o«t Permits --tee".e c ttT7 is 17i T 7«;to C el. ll......«....e..De«..;k! vwc:pxuxcJ .......... A 11 lltl.e«improvement N -iiavii°.xamr v lv l,c.,... Z .«..«.J N A 11 Other 7«.««....e«.e«to x - E Develop me«t Dern-. is Tut: C l:o....er gild 3A W71« � d xcc_y......b Faeilities x O Conditional 7 7 Femi4s a X U E Ravergionst o Aereage** x o Tentative Der..el Maps x x > T k t' Tfact Td..«.. x N O Final Maps x M Development Code Amendment 0 CAL �t V d G Design Revievr x '6 Develop yiont-�� 901 x Landseape Plan x d Swfaeo Mining and Lan NI V Y YY U t0 D ee1..«�TJP) d CL Sign peffflits/Progfam x 0: it n A n '1 C C....I Avae C n The morger of 4 of fewer parcels is subjeet to approval by the Gib, Engineer, pufsuEffit W 880tiOB 1nzv- .ii 40 E CD E u U A Q i 21 PacketPg. 70 S.B.c Permit Type Director DRC Commission Council Conditional Use Permit(CUP) _ X Minor Use Permit X Design Review _ X Development Agreement X Development Code Amendment (X)* X Administrative Permit X Development Permit X or X o Final Map X General Plan Amendment (X)* X z° Interpretations(General Plan) X Lot Line or Boundary Adjustment X E Lot Merger X Minor Modification X E Reversion to Acreage X Specific Plan (X)* X o Surface Mining and Land Reclamation(CUP) (X)* R Tetnpomg Use Permit X o Tentative Parcel Map X or X Tentative Tract Map X o Variance X m * Commission recommends to Council for final action. m 19.31.030 PRE-APPLICATION CONFERENCE M of d A prospective applicant or agent may request a pre-application conference with the Department prior to formal submittal of a single land use permit application. Development prej _ . This a conference should take place prior to any substantial investment (i.e., land acquisition, site, CL engineering and construction plans) in the preparation of the proposed development application, w During the conference, the Department representative(s) shall inform the applicant of applicable N p olicies, plans, and requirements as they apply to the proposed development project,review the a appropriate procedures outlined in this Development Code, and examine possible alternatives or modifications relating to the proposed project. E r m a 22 PacketPg. 71 S.Wq CHAPTER 19.36 CONDITIONAL USE PERMITS AND MINOR USE PERMITS Section Page 19.36.010 Purpose............................................................................................................... IV-6 i 19.36.020 Application......................................................................................................... IV-6 N 19.36.030 Proj ect Review................................................................................................... IV-6 19.36.040 Hearings and Notice.......................................................................................... IV-6 0 z 19.36.050 Findings.............................................................................................................. I7V-7 19.36.060 Use of Property Before Final Decision............................................................. IV-7 E 19.36.070 Conditional Use Permit or Minor Use Permit Expiration................................. IV-7 m 19.36.080 Modification of Conditional Use Permit or Minor Use Permit........................ IV-8 a 19.36.090 Time Extension.................................................................................................. IV-8 d 19.36.100 Revocation......................................................................................................... IV-8 0 19.36.110 Conditional Use Permit or Minor Use Permit to Run With The Land............. IV-9 19.36.120 Performance Guarantee.................. IV-9 E E 0 0 19.36.010 PURPOSE v 0 Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review N of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines. This review c shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause. d An application for a Minor Use Permit may be made in-lieu of an application for a Conditional Use Permit if the use meets the following criteria: a Q z 1. The use will be entirely located within a structure that has previously been approved with a M Development Permit or Conditional Use Permit; v, U a 2. The use will be less than 10 000 square feet in gzoss floor area; d E 3. The use will be exempt from the provisions of the California Environmental Quality Act: Y For all other applications for conditional uses and for all applications for social service centers and a religious facilities/churches a Conditional Use Permit shall be required. 19.36.020 APPLICATION An application for a Conditional Use Permit or a Minor Use Permit shall be filed in a manner consistent with the requirements contained in Chapter 19.32(Applications and Fees). 23 Packet Pg.72 19.36.030 PROJECT REVIEW Each Conditional Use Permit or Minor Use Permit application shall be analyzed to assure that the application is consistent with the intent and purpose of this Chapter. Minor Use Permit applications shall be reviewed and approved by the DRC. 0 To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the DRC prior to approval by the z6 Commission. d 19.36.040 HEARINGS AND NOTICE d E Upon receipt in proper form of a Conditional Use Permit or Minor Use Permit application, a hearing a shall be set and notice of the hearing given in a manner consistent with Chapter 19.52(Hearings and c Appeals). 0) d 19.36.050 FINDINGS E 0. 0 d Following a hearing, the DRC or Commission shall record the decision in writing and shall recite o therein the findings upon which such decision is based. The DRC or Commission may approve and/or modify a Conditional Use Permit or Minor Use Permit application in whole or in part, with o or without conditions,only if all of the following findings are made: d 3. The approval of the Conditional Use Permit or Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6)of the Development Code; d Y U 19.36.060 USE OF PROPERTY BEFORE FINAL DECISION a. a No permit shall be issued for any use involved in an application for approval of a Conditional Use r Permit or Minor Use Permit until,and unless,the same shall have become final,pursuant to Section 19.52.080(Effective Date). a 19.36.070 CONDITIONAL USE PERMITAIINOR USE PERMIT EXPIRATION E r Within two years of Conditional Use Permit or Minor Use Permit approval, commencement of a construction shall have occurred or the Conditional Use Permit or Minor Use Permit shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of 1 year, then the Conditional Use Permit or Minor Use Permit shall become null and void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have 1 year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred,or the Conditional Use Permit or Minor Use Permit shall become null and void. 24 Pack®tPg.73 19.36.080 MODIFICATION OF CONDITIONAL USE PERMIT An approved Conditional Use or Minor Use Permit may be modified, in a manner pursuant to Chapter 19.32 (Applications and Fees). Minor modifications to an approved Conditional Use Permit or Minor Use Permit may be approved by the Director, pursuant to Section 19.60 (Minor Modifications). io 0 19.36.090 TIME EXTENSION - N r 6 The Ceaxnissienroving authority may, upon an application being filed 30 days prior to z expiration and for good cause, grant a time extension not to exceed 12 months. Upon granting of an E extension, the Cenwaissienapproving authority shall ensure that the Conditional Use Permit or c Minor Use Permit complies with all current Development Code provisions. E a 19.36.100 REVOCATION c U The GenffnissieflaRpMyLn¢ authority may hold a hearing to revoke or modify a Conditional Use Permit or Minor Use Permit granted pursuant to the provisions of this Chapter. Ten days prior to a the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for _° which such Conditional Use Permit or Minor Use Permit was granted. Notice shall be deemed d delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of San Bernardino,and/or the project applicant. N N A Conditional Use Permit or Minor Use Permit may be revoked or modified by the CommissienaaRproving authority if any one of the following findings can be made: a d 2. That the Conditional Use Permit or Minor Use Permit was obtained by misrepresentation or d fraud; a 3. That the use for which the Conditional Use Permit or Minor Use Permit was granted had ceased or was suspended for six or more consecutive calendar months; w A 4. That one or more of the conditions of the Conditional Use Permit or Minor Use Permit have w U not been met; a c d 6. That the use permitted by the Conditional Use Permit or Minor Use Permit is detrimental to r the public health, safety or welfare or constitutes a nuisance. a 19.36.110 CONDITIONAL USE PERMIT/1VIINOR USE PERMIT TO RUN WITH THE LAND A Conditional Use Permit or Minor Use Permit granted pursuant to the provisions of this Chapter shall continue to be valid upon a change of ownership of the site,business, service, use or structure which was the subject of the permit application. 25 Packet Pg.74 CHAPTER 19.44 ADMINISTRATIVE AND DEVELOPMENT PERMITS Section Page_ 19.44.010 Purpose.................................................................................................................... IV-18 q cm 19.44.020 Application.............................................................................................................. IV-18 19.44.030 Applicability............................................................................................................ IV-18 z6 19.44.04 ............................ ..................................................................... 19.44.0340 Hearings and Notice............................................................................................... IV-19 E 19.44.0650 Findings.............................................:..................................................................... IV-19 c 19.44.0760 Administrative and Development Permit Expiration........................................... IV-20 E 19.44.0870 Use of Property Before Final Decision..................................................... ....... IV-20 19.44.0980 Modification of Administrative or Development Permit..................................... IV-21 c 19.44.4-090 Time Extension....................................................................................................... IV-21 19.44.1100 Revocation............................................................................................................... IV-21 d 19.44.1210 Performance Guarantee.......................................................................................... IV-21 a 0 m 19.44.010 PURPOSE o The Administrative and Development Permit procedure is intended to protect the integrity and o character of the residential, commercial and industrial areas of the City, through the application of N the provisions of this Chapter consistent with the General Plan. At the time of application submittal, a review of the location,design, configuration and impact of the proposed use shall be conducted by v comparing such use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for and the benefits to be derived from the use against the impacts it may cause. R a 19.44.020 APPLICATION a rr Application for a Administrative or Development Permit shall be filed in a manner consistent with the requirements contained in Chapter 19.32(Applications and Fees). a 19.44.030 APPLICABILITY AND PROJECT REVIEW E An Administrative or Development Permit shall be required for all applieable tises and stmetufes v M ,pursuant to this Section. None shall be required a for alterations to an existing single-family home, for interior tenant improvements to Previously approved non-residential uses that DO NOT involve an intensification in land use (e e conversion of a shoe store to a restaurant, or a residential structure to an office use, etc.), or for exterior alterations on non-residential proiects that are in substantial compliance with the existing project Each application shall be analyzed to ensure that the application is consistent with the 26 Packet P7g 75 '- S.B.c requirements of this Title. eireumstaneese ; �L Expansion or eenvefsien of an misfing use or stilueture-, 3 ; O N DeNvlepmeH4 Perrait has not been issued,exeluding single family s4me4me�t t O 2 w ; 'O C v 6 Q d matwhetured housing,to any pamalwiffiin the > 0 0 U 7-. Fat: floor plan , site plans, model plans, and eleva4ions of new single family stmetures i an appmved subdivision, E C. 0 An Administrative Permit, which is acted upon administratively, shall be required under the d following circumstances: o M 1. For residential projects with two to four dwelling units, including the relocation or N movement of residential structures, v 2. For tenant improvements and occupancy permits that result in an intensification in land use (i.e., from retail to a restaurant, or from a residential structure into a non-residential use u U EL 3. For the expansion of a non-residential use or structure that is not consistent with the a CL existing project. Of w 4. For recycling facilities;and w U IL 5. For wireless telecommunications facilities. c N E A Development Permit, which is acted upon by the Development/Environmental Review Committee (D/ERC) shall be required under the following circumstances: a 1. For residential projects with five to 11 dwelling units; 2. For a new non-residential use or structure or an expanded non-residential use or structure over 5.000 square feet; and 27 Packet Pg. 76 S.B.c 30 Adult businesses in accordance with Section 19.06.030.2.A of this Development Code, A Development Permit which is acted upon by the Planning Commission, shall be required for residential proiects or projects abutting a residential use in a residential land use district. 111 AA 040 FR ECT REVIEW rm+ro��r oacx :co r:n rr o N Pook Development pennit applieAiefl shall be analyzed to ensure that the appliemieft 49 i O Went 2 C N E 19.44.0650 FINDINGS d 1 ll ming ° he tying ' The appropriate review authority as outlined in Table 31.01 shall record a the decision in writing and shall recite therein the findings upon which any such decision is based. $ The review authority may approve and/or modify an Administrative or Development Permit in whole or in part,and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts, E CL and to carry out the purpose and requirements of the respective land use district. The review authority may approve an Administrative or Development Permit, only if all of the following v ® findings are made: 4. The approval of the Administrative or Development Permit for the proposed development is N in compliance with the requirements of the California Environmental Quality Act and d Section 19.20.030(6)of the Development Code; v d 19.44.070 ADMINISTRATIVE OR DEVELOPMENT PERMIT EXPIRATION d s U Within two years of Administrative or Development Permit approval, commencement of a construction shall have occurred or the permit shall become null and void. In addition, if after CL commencement of construction, work is discontinued for a period of one year, then the w Administrative or Development Permit shall become null and void. Projects may be built in phases 4 if preapproved by the review authority. If a project is built in preapproved phases,each subsequent phase shall have one year from the previous phase's date of construction commencement to the next a phase's date of construction commencement to have occurred, or the Administrative or d Development Permit shall become null and void. E Any previou4y approved PeyelopmepA Permit that had not expifed as of September 13, 1993 sJ-- be extended for 2 U IC Q yeafs. 'Aiis autematie e*4ensian of time is a 1 time extension from SePtemb 1 993 a is in addition to the time gFanted adef*e initial approval of the DevelepmepA Permit_.0 any subsequent approval of an e)aension of time. N4C 895 1,94/94 Any pf-eviously approved Develepment Permit 2 or- 3 that had not expir-ed as of january 1, 201-0 28 Packet Pg. 77 . di - to the a •.:d d L t:el el of the Development Permit 711 Ar-any subsequent appfevals of an eidensien ef time.441is atAematie e3densien of time shall not rein-Aate nor extend a" r right .1... t: st.e . appeal and shall et reinstate .,tend alai s any time, applieatAE6) hereby waives any eLellenges to Me ends ' fees d fequiremerAs f L De le..me•a De....a A G 19N 740/10 19.44.080 USE OF PROPERTY BEFORE FINAL DECISION 0 No permit shall be issued for any use involved in an application for approval of an Administrative or Development Permit until, and unless, the same shall have become final, pursuant to Section z0 19.52.080(Effective Date). 5 E 19.44.090 MODIFICATION OF ADMINISTRATIVE OR DEVELOPMENT PERMIT d E An approved development may be modified, in a manner pursuant to Chapter 19.32 (Applications and Fees). Minor modifications to an approved development may be approved by the Director, 0 pursuant to Section 19.60(Minor Modifications). 6 0 E 19.44.100 TIME EXTENSION 0. 0 d The review authority may,upon an application being filed 30 days prior to expiration and for good o cause, grant a time extension not to exceed 12 months. Upon granting the extension, the review ; authority shall ensure that the Administrative or Development Permit complies with all current N Development Code provisions. d c 19.44.110 REVOCATION The review authority may hold a hearing to revoke or modify an Administrative or Development Permit granted pursuant to the provisions of this Chapter. Ten days prior to the hearing,notice shall a be delivered in writing to the applicant and/or owner of the property for which such Development a Permit was granted. Notice shall be deemed delivered two days after being mailed, first class W postage paid,to the owner as shown on the current tax rolls of the County of San Bernardino,and/or m the project applicant. W U a An Administrative or Development Permit may be revoked or modified by the review authority if any of the following findings can be made: E U r 2. That the Administrative or Development Permit was obtained by misrepresentation or fraud; 3. That the use for which the Administrative or Development Pemrit,was granted had ceased or was suspended for six or more consecutive calendar months; 4. That one or more of the conditions of the Administrative or Development Permit have not been met; 29 Packet Pg. 78 6. That the use permitted by the Administrative or Development Permit is detrimental to the public health,safety,or welfare or constitutes a nuisance. NOTICING In Chapter 19.52, Hearings and Appeals, subsection 19.52.020(2), the Code currently requires tenants within 500'of property to be the subject ofa hearing to be noticed. However, the Post q CM Once does not deliver to "occupants" or "tenants". Therefore, since the property owners are noticed, and the City and applicants incur costs,for mailing notices to "tenants", which are then z6 sent back undelivered, this section should be modified to remove the requirement,for tenants to be notified as follows: E M c d E 19.52.020 APPLICATION PROCESSING a d a 0 2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners and ten of U property within a radius of 500 feet of the exterior boundaries of the property involved in E the application, using for this purpose the last known name and address of such owners as o CL shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. if _« , or-ties ,, ated within the oti fieat.e . area, the d pre applicant shall pr-oNide a list ,.e t,,.,ant's address o .The list of property owner and tenant addresses shall be typed upon gummed labels, together with required postage. The o list shall be prepared and certified by the applicant, or a title insurance company, civil =' engineer or surveyor licensed to practice in California. This notice shall state the nature c of the request, location of the property (text or diagram), the date, time and place of the scheduled hearing, and the hearing body; or, in the event that the number of owners acid a: wnantsto whom notice would be sent is greater than 1,000, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action, a The notice shall state the nature of the request, the location of the property (text or diagram),the date,time,and place of the scheduled hearing, and the hearing body; and N U a CHAPTER 19.66 - SUBDIVISION MAPS: Revise this section to reflect the DIERC as the c approving body for Tentative Parcel Maps as follows: r v 19.66.150 COMMISSION-DETERMINATION 1. Notice of Public Hearings. Upon receipt of a complete tentative snap application, the Department shall prepare a report with recommendations after environmental review by the ERC. The Department shall set the matter of a tentative parcel man for public hearing before the D/ERC or for a tentative tract map before the Commission, pursuant to Chapter 19.52. A copy of the Department report shall be mailed to the subdivider at least three days prior to the public hearing at the address designated on the application. 30 Packet Pg.79 '- 5.B.c 2. Action. The D/ERC or the Commission shall approve, conditionally approve or deny the tentative parcel map or tract map, as applicable, within 50 days after the tentative parcel or tract map application has been determined by the Department to be complete, and report the decision to the subdivider. If an environmental impact report is prepared, the decision by the D/ERC or the Commission shall be made 45 days after certification of the report. 3. Determination. The tentative parcel or tract map may be approved or conditionally approved by the D/ERC or the Commission if it finds that the proposed subdivision, o together with the provisions for its design and improvements, are consistent with the N General Plan, any applicable specific plan, and all applicable provisions of the Municipal d Code. The D/ERC or the Commission may require, as a condition of its approval, that the ? payment by the subdivider of all development fees, required to be paid at the time of the application for,or issuance of, a building permit or other similar permit, shall be made at the v rate for applicable fees in effect at the time of said application or issuance of a building or similar permit. a d 0 The tentative parcel or tract map may be denied by the D/ERC or the Commission on any of co) the grounds contained in the Map Act, General Plan or the Municipal Code. The D/ERC or m the Commission shall deny the tentative parcel or tract map if it makes any of the following a mandatory findings contained in Map Act Section 66474: o d 19.66.160 EXPIRATION o M 1. The approval or conditional approval of a tentative parcel or tract map shall expire 24 N months following approval by the D/ERC or the Commission. However, the map may be d extended if the subdivider has complied with Map Act Section 66452.6(a) and (e). An extension to the expiration date may also be approved pursuant to Section 19.66.170. W 2. The period of time outlined in(1.)above shall not include any period of time during which a lawsuit has been filed, whether or not first appealed to the Ceuneilnext biehest approving a body, and is pending in a court of competent jurisdiction involving the approval or a conditional approval of a tentative map only if a stay of the time period is approved by the D/ERC or the Commission. After service of the initial petition or complaint upon the City, y the subdivider shall, in writing, to the Director, request a stay in the time period of the tentative map. Within 40 days after receiving the request, the D/ERC or the Commission a shall either stay the time period for up to five years or deny the requested stay. The request d for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon r conclusion of the hearing,the D/ERC or the Commission shall render its decision, m a 31 Packet Pg. 80 ¥ 3 = u � a E u c v u c kf \ o a » Cl \ \ 2 ] u u aau a = = u % \ \ \ \u au ua a a » ° \\ c u = a a = a v . a = u } o ■ E \ ) u u = u d � 0 ~ v u u a a = u u ! \) E ± \ v a a c u u a { {\ a u v > a as » 0 cu R � § Ula a o u v \ ) u u = u v » > ouy = uu \ / ) u uau ua = u aua a uu / \ o k ) t ua » v in [{ . CL. ] t / § � I a &% 2 E t3 - ) / $ : � E ) j \ k { 2f0 » � > k Lo g ( \ \ \ t \� � - \ / \ , - w } \ , R ® % ) - /_ ' | � \ K 2 a / f ! ® � � ) \ ( ) j = \ 2 } k § U- 4: / ) \ /\ � \ _ # ! k\ ] 2 ` ( V \7'E ® 7 | \ § ( j \ \ ' / _ 00w im f �£ k2 2 _ 3 GJ & \ $ ( . , § ) ) (3 ) ] ) k } k ) \ ) ` y Packet Pg.81 w Y UI of UI a o UI N UUI <o O N C-4 u of of UI of 2 V C d v of o C d G Q U UI d O m U u of of UI v E a N C v of of UI > d O U of of UI cMn iO Cl N_ m C U of of UI - N N U oI of UI ao Y V U OI OI UI 4 K A � of of N U a c m E .0 ttg (� N '� p c Q C K C Ul N C E U C e c U 0 u v E a m u w > E o > v x o c U j 2 2 H Q w N W O N m W udi ] 7OUa' j U p K X C J z ~ Pack 82 ATTACHME AGENDA SPECIAL LEGISLATIVE REVIEW COMMITTEE Council Member Robert D. Jenkins—Chairperson Council Member Chas A. Kelley Council Member John Valdivia TIME: 4:30 p.m,—Tuesday,August 28,2012 PLACE: Estrada Conference Room—Council Office 'Me City of San Bemardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Facilities Management(384.5744)two working days prior to the meeting for any N requests for reasonable accommodation,to include interpreters. c PUBLIC COMMENTS—ITEMS NOT ON AGENDA: d CLOSED SESSION: E s_ N 1. PURSUANT TO GOVERNMENT CODE SECTIONS: E m MOTION:That the Legislative Review Committee recess to closed session for the following: o 0 U A. Conference with legal counsel — existing litigation — pursuant to Government Code c Section 54956.9(,). 0 B. Conference with legal counsel—anticipated litigation—significant exposure to litigation o —pursuant to subdivision(b)(1);(2);(3XA-F)of Government Code Section 54956.9. _o C. Conference with legal counsel—anticipated litigation—initiation of litigation on—p ursuant m � to subdivision(c)of Government Code Section 54956.9. 0 D. 54957.Conference with legal counsel — personnel —pursuant to Government Code Section to 0 OPEN SESSION: 1. DEVELOPMENT CODE CLEAN-UP—Community Development d PENDING ITEMS: m a 1. Approve a Hybrid Option Using Both the Administrative Citations Process and M Administrative Civil Penalties Process(IvVCC January 18,2011 refer to LRC) in 2. Discussion Of Sex Offender Ordinance—Council Office U a. 3. Term Limits—Council Office c E L 4. Campaign Contributions—Council Office 5. Discussion Regarding Possible Elimination Of The Ward System—Council Office 6. Request To Allow Electric Fences In Commercial And Industrial Zones—Community Development Packet Pg. 83 . S.B.c AGENDA LEGISLATIVE REVIEW COMMITTEE Council Member Robert D. Jenkins—Chairperson Council Member Chas A. Kelley Council Member John Valdivia TIME: 4:30 p.m.—Tuesday,September 18,2012 PLACE: Estrada Conference Room—Council Office The City of Sao Bemardino recognizes its obligation to provide equal access to public services to those individuals i with disabilities. Please contact Facilities requests for ressoasbie accommodation,to include inter Management (3g4 3244)two working days prior to the meeting for any interpreters. p z PUBLIC COMMENTS—ITEMS NOT ON AGENDA E CLOSED SESSION: a d E 1. PURSUANT TO GOVERNMENT CODE SECTIONS: a v v MOTION:That the Legislative Review Committee recess to closed session for the following: t j A Conference with legal counsel — exiWng litigation —pursuant to Government Code d Section 54956.9(a). E B. Conference with I egl ceunel—mticipete litigation—significant exposu to litigation Q- o C. Conference pursuant subdivision(b)(1);(2);(3XA-F)of Government Code Section 54956.9. legal counsel—anticipated litigation—initiation of litigation—Pent m to subdivision(c)of Government Code Section 54956.9. l D. Conference with legal counsel — pecsamel — pursuant to Government Code Section 54957. 0 N OPEN SESSION: 1. BUILDING PERMIT EXEMPTIONS—Community Development 2. DEVELOPMENT CODE CLEAN-UP Part II—Community Development R a PENDING ITEMS: w L Approve a Hybrid Option Using Both the Administrative Citations Process and ch Administrative Civil Penalties Process-(WCC January 18,2011 refer to LRC) a 2. Halloween Ordinance—(Added to Pending at LRC 8-28-2012) d E s 3. Fence Heights in Commercial and Industrial Zones—Community Development y Q Packet Pg. 84 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, September 26, 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.12-0 —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 bring the Development Code into compliance with certain state laws and the San Bernardino General Plan, to add land use definitions and amend development and administration processes standards within the Development Code. 0 N Proposed by: City of San Bernardino Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3). 6 z The Planning Commission invites your participation in evaluating these proposals.The public is welcome to speak at the E public hearing or to submit written comments prior to the hearing. The Planning Commission will make c recommendations to the Mayor and Common Council for final action on Development Code Amendments. For more E information,please contact the Planning Division of the Community Development Department at City Hall,or by phone E at(909)384-5057.If you challenge the final action of the Mayor and Common Council in court,you may be limited to v raising only those issues you or someone else raised at the public hearing described in this notice, or by written C correspondence delivered to the Planning Division at or prior to the public hearing. d E M Submitted: September 11,2012 w Publish: September 15,2012(minimum 118 Page Ad) o Please send first proof for verification or changes by e-mail to Melissa Thurman: thurman me(w,sbcitv.ora, Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division, 300 North"D" N Street,San Bernardino,CA 92418. m c v m tY m Y U a CL 2 M co U a c d E s U ni Q 0 Packet Pg.85