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ORDINANCE (ID#2744) DOC ID: 2744 G
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Tony Stewart M/CC Meeting Date: 12/02/2013
Prepared by: Tony Stewart,
Dept: Community Development Ward(s): All
Subject:
Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal
Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development
Code, to Ensure Consistency Among the Various Code Chapters and Sections, to Ensure
Consistency with the New Zoning and General Plan Land Use Maps, and Amending the Sign
Ordinance (Chapter 19.22) to Allow an Additional Free-Standing Sign Under Certain
Circumstances. (#2744)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There will be no impact to the General Fund.
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
None.
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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. This in turn, is difficult to enforce, and can result in misinformation and a loss
of consistent, high quality customer service.
In September and October 2012, staff presented the first round of Development Code clean-up
items to the Planning Commission for recommendation to the Mayor and Common Council. The
Council subsequently approved the Amendment, which took effect in December 2012. Since
that time, the Council approved a request by staff to create separate Zoning and General Plan
Land Use Maps. This in turn, necessitated the majority of the revisions proposed in this round of
clean-up items (Attachment A). Staff also found several other minor items that needed to be
clean-up to ensure consistency among the Code's Chapters.
Within the list of proposed clean-up items contained within Attachment A, there are three items
in particular that should be focused upon:
1. On pages 16 and 17 of Attachment A, staff recommends a revision to Development Code
Section 19.06.030 (B) (2), to clarify standards for the outdoor storage of materials on
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commercially zoned properties, as there had previously been discrepancies in the
interpretation of this Code Section.
2. On page 48 of Attachment A, staff recommends amending the Sign Ordinance
(Development Code Section 19.22.150, Table 022.01) to allow a second free-standing
sign for individual commercial and industrial businesses that have a minimum gross floor
area of 250,000 square feet and when the street frontage along which the additional sign
is proposed is at least 500 feet in length. These standards would accommodate second
signs for large businesses, such as Amazon, where the sheer size of the development
would make the signs unobtrusive, while ensuring that sign clutter didn't occur elsewhere
in the City, since the standards would be applicable in all commercial and industrial
zones, Citywide.
3. On pages 48 and 49 of Attachment A, staff recommends amending the Sign Ordinance
(Development Code Section 19.22.150, Table 022.01) to allow a second free-standing
sign for vehicle dealerships, provided that a minimum frontage of 100 feet is provided.
The signs would be lower and smaller in size than the electronic signs currently allowed
at the dealerships (50-foot maximum height for the secondary signs vs. 75-foot maximum
height with flag test for electronic and 160-square feet per sign face for the secondary
sign vs. No specified limit for the electronic signs). This Amendment is being proposed
in that the auto makers are demanding certain signage designs while the dealerships are
often now combining several brands under one roof. Therefore, per the existing sign
standards, meeting the needs of the auto makers and dealers can be difficult. For
example, Chrysler has new sign design requirements of its dealers. Moss Brothers, who
now sells four Chrysler brands (Chrysler, Jeep, Dodge and Ram) will have difficulty
effectively advertising these four brands under the current City sign standards, but would
be able to meet Chrysler's requirements and effectively advertise the four brands with the
proposed standards. Further, the additional signage would allow the City's existing auto
dealers to maintain a competitive edge, and make the City more attractive to other auto
dealerships.
The Legislative Review Committee (LRC) was to have considered the Amendment at their
meeting on September 4, 2013; however, since a quorum was not established, the Committee
Chair directed that the item be moved to the Planning Commission and Mayor and Common
Council.
On September 18, 2013, the Planning Commission unanimously recommended approval of the
subject Amendment.
The Planning Commission packet is attached for the Council's review.
Findings of Fact:
1. The proposed amendment is consistent with the General Plan.
In April 2013, the City established separate General Plan Land Use and Zoning Maps.
The General Plan and its associated Land Use Map established general land use district
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2744
classifications, such as single-family residential, multi-family residential, commercial,
✓r etc., while the districts, or zones, depicted on the Zoning Map are sub-categories of the
primary land use district categories noted on the General Plan Land Use Map. For
example, the Residential Estate (RE), Residential Low (RL), Residential Suburban (RS)
and Residential Urban (RU) zoning districts are sub-categories of the Single-Family land
use category on the Land Use Map. The proposed Amendment will ensure that the
General Plan and Development Code documents, as well as the General Plan Land Use
Map and Zoning Map are consistent with each other as a result of the separation of the
Zoning and Land Use Maps.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The proposed amendment by itself will not directly result in new development(other than
accessory signs on specific properties) and therefore, will not be detrimental to the public
health or safety. The proposed amendment will eliminate inconsistencies found
throughout the Development Code. 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 Quality Act (CEQA):
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
Conclusion:
Staff believes the proposed project satisfies all Findings of Fact for approval of Development
Code Amendment No. 13-05.
City Attorney Review:
Supporting Documents:
Ord 2744 (PDF)
Attachment A- Proposed DC Clean-Ups Round 2 text-revised (DOCX)
PC Item 7 (PDF)
Packet Pg
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ORDINANCE NO.
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19
OF THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
3 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
4 CODE, TO ENSURE CONSISTENCY AMONG THE VARIOUS CODE CHAPTERS
AND SECTIONS, TO ENSURE CONSISTENCY WITH THE NEW ZONING AND
5 GENERAL PLAN LAND USE MAPS, AND AMENDING THE SIGN ORDINANCE
(CHAPTER 19.22) TO ALLOW AN ADDITIONAL FREE-STANDING SIGN UNDER
6 CERTAIN CIRCUMSTANCES
7 WHEREAS, the current Development Code was initially implemented in 1991, and
8 since that time, many amendments have been made throughout the document; and
9
10 WHEREAS, amendments that were made to one section of the Development Code
11 may not have been made to others, resulting in inconsistencies among the various parts of the
Code; and
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13 WHEREAS, since 1991, there has been a need to update the Development Code with
14 regard to the regulations of other agencies, particularly the state of California(i.e., with regard
15 to laws governing the permitting of solar energy projects and handicap-accessible parking),
new types of businesses that may not have previously been considered, etc.; and
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17 WHEREAS, this in turn, has resulted in portions of the Development Code becoming
18 difficult to enforce, which can result in misinformation and a loss of consistent, high quality
19 customer service; and
20
WHEREAS, in September and October 2012, staff presented the first round of
21 Development Code clean-up items to the Planning Commission for recommendation to the
22 Mayor and Common Council, which was subsequently approved by the Mayor and Common
23 Council and which took effect in December 2012; and
24
25 WHEREAS, on January 23, 2013, the Planning Commission recommended to the
Mayor and Common Council approval of a City-initiated request to establish separate Zoning
26 and General Plan Land Use maps, which was subsequently approved by the Mayor and
27 Common Council and which took effect in April 2013; and
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l WHEREAS, on September 4, 2013 the Legislative Review Committee (LRC) Chair,
lacking a quorum, directed that the item be moved to the Planning Commission and Mayor
2 and Common Council that the proposed amendments (Attachment A) be moved to the
3 Planning Commission; and
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5 WHEREAS, on September 18, 2013, the Planning Commission of the City of San
6 Bernardino held a noticed public hearing to consider public testimony and the staff reports
recommending proposed amendments to the City Municipal Code, and unanimously
recommended approval of the proposed Development Code Amendments to the Mayor and
8 Common Council; and
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10 WHEREAS, notice of the public hearing for the Mayor and Common Council's
11 consideration of the proposed Ordinance was published in The Sun newspaper on October 31,
2012.
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13 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
14 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
15 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
16 BERNARDINO DO ORDAIN AS FOLLOWS:
17 SECTION I. The Mayor and Common Council finds that the above-stated Recitals
18 are true and hereby adopts and incorporates them herein.
19 SECTION 2. Findings of Fact.
20
A. The proposed amendment is consistent with the General Plan, In April 2013,
21 the City established separate General Plan Land Use and Zoning Maps. The General Plan and
22 its associated Land Use Map established general land use district classifications, such as
23 single-family residential, multi-family residential, commercial, etc., while the districts, or
24 zones, depicted on the Zoning Map are sub-categories of the primary land use district
25 categories noted on the General Plan Land Use Map. For example, the Residential Estate
(RE), Residential Low (RL), Residential Suburban (RS) and Residential Urban (RU) zoning
26 districts are sub-categories of the Single-Family land use category on the Land Use Map. The
27 proposed Amendment will ensure that the General Plan and Development Code documents, as
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1 well as the General Plan Land Use Map and Zoning Map are consistent with each other as a
result of the separation of the Zoning and Land Use Maps.
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3 B. The proposed amendment would not be detrimental to the public interest,
4 health, safety, convenience, or welfare of the City. The proposed amendment by itself will
not directly result in new development (other than accessory signs on specific properties) and
5 therefore, will not be detrimental to the public health or safety. The proposed amendment will
6 eliminate inconsistencies found throughout the Development Code. These revisions to the
7 Code will enable City staff to process Development Code-related inquiries and development
8 applications more effectively and efficiently, and will make the Code more user-friendly, thus
9 improving upon the public interest, convenience and welfare in the City.
10 SECTION 3. The amendments to Title 19 of the San Bernardino Municipal Code,
11 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code
12 attached hereto as Exhibit A, and incorporated herein by reference, are hereby approved.
13 SECTION 4. Compliance with the California Environmental Quality Act: The
14 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
15 Municipal Code (Development Code) is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
16 not result in a direct or reasonably foreseeable indirect physical change in the environment.
17
18 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Ordinance or any part thereof is for any reason held to be
19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
21 part thereof. The Mayor and Common Council hereby declares that it would have adopted
22 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
23 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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I ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 19 OF
THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
2 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
CODE, TO ENSURE CONSISTENCY AMONG THE VARIOUS CODE CHAPTERS
3 AND SECTIONS, TO ENSURE CONSISTENCY WITH THE NEW ZONING AND
4 GENERAL PLAN LAND USE MAPS, AND AMENDING THE SIGN ORDINANCE
(CHAPTER 19.22) TO ALLOW AN ADDITIONAL FREE-STANDING SIGN UNDER
5 CERTAIN CIRCUMSTANCES
6 1 HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting thereof, held
8 on the day of 2013, by the following vote to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
12 JENKINS
13 VALDIVIA
14
SHORETT
15
16 VACANT
17 JOHNSON
18 MULVIHILL
19
20 Georgeann Hanna, City Clerk
21 The foregoing Ordinance is hereby approved this day of
22 2013,
23
24 Patrick J. Morris, Mayor
25 Approved as to form: City of San Bernardino
Gary D. Saenz,
26 City Attorney
27 By: r-
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