HomeMy WebLinkAbout06.A- Community Development ORDINANCE (ID#3265) DOC ID: 3265 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Mark Persico M/CC Meeting Date: 06/16/2014
Prepared by: Brenda Leggitt, (909) 384-5057
Dept: Community Development Ward(s): All
Subject:
Ordinance of the City of San Bernardino Adopting Development Code Amendment 14-13, a
City-Initiated Request to Amend Development Code Section 19.19A.060 (Permitted and
Conditionally Permitted Uses) in the Transit District (TD) Overlay Zone, Permitting Land Use
Exceptions Pursuant to Development Code Chapter 19.36 (Conditional Use Permits and Minor
Use Permits). (FIRST READING) (#3265)
Current Business Registration Certificate:
Financial Impact:
There will be no direct impact to the General Fund.
Mayor to open the hearing. . .
Motion: Close the hearing; and lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
None.
Background:
On May 21, 2014, the Planning Commission recommended that the Mayor and Common
Council approve Development Code Amendment 14-13 to amend Section 19.19A.060
(Permitted and Conditionally Permitted Uses) in the Transit District (TD) Overlay Zone,
permitting land use exceptions pursuant to Chapter 19.36 (Conditional Use Permits and Minor
Use Permits).
PROJECT DESCRIPTION
In July 2012, the Mayor and Common Council approved the Transit District (TD) Overlay Zone.
The purpose of the Overlay is to implement the City's General Plan policies regarding
encouraging a wide variety of high-quality transit-oriented development within close proximity
to the new SbX (and future Redlands Rail) transit stations. When the Overlay was adopted there
was a general understanding that modifications would be necessary as staff and property owners
worked with the code.
Staff has been working with the Overlay Zone for the past 18 months and is continuing to fine-
tune the code to assure that it encourages transit-oriented without impeding economic
development opportunities. In order to meet these dual goals staff is suggesting that exceptions
be allowed to the list of Permitted and Conditionally Permitted Uses. For example, the code
Updated:6/9/2014 by Linda Sutherland B Packet Pg. 1414
3265
currently prohibits drive-thru commercial uses, car washes and service stations; however, there
could be locations where these uses are appropriate. The proposed modification to Section
19.19A.060 (Permitted and Conditionally Permitted Uses) would provide flexibility and allow
certain uses subject to a Conditional Use Permit pursuant to Development Code Section 19.36
(Conditional Use Permits and Minor Use Permits) consistent with Table 31.01 (Threshold of
Review).
19.19A.060 PERMITTED AND CONDITIONALLY PERMITTED USES
B. Land Use Regulations-Commercial Base Zones. When the TD applies to property within a
commercial base zone, permitted and conditionally permitted shall be the same as the base
commercial zone,except as specified below.
Add the following new sub-section:
3. Exceptions are permitted to Section 19.19A.060(B)(2) for projects that stimulate economic
development activity subject to a Conditional Use Permit in accordance with Chapter 19.36
The new sub-section above is necessary to implement the exceptions language of 19.19A.060.
BACKGROUND
July 2012 - the Mayor and Common Council approved San Bernardino Development Code
(SBDC) Chapter 19.19A, the standards and design guidelines for the TD Overlay
May 5, 2014 -A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on March
8, 2014, advertising the March 21, 2014 Planning Commission hearing on DCA 14-13.
March 15, 2014 - The Development/Environmental Review Committee (D/ERC) reviewed the
request for DCA 14-13.
March 20, 2014 - the Legislative Review Committee (LRC) reviewed the request for DCA 14-
13.
ANALYSIS
Development Code Section 19.19A.060 lists permitted and prohibited uses in the Transit District
Overlay Zone. Staff believes flexibility is needed to consider a drive-thru, a service station or
other prohibited use based upon the facts unique to a site (e.g. distance from transit stop, distance
from freeway on/off ramps, community benefit, etc.). For example, a drive-thru Starbuck's
Coffee Shop might be appropriate because it adds a community-gathering place to a
neighborhood that has no gathering place. However, under the TD Overlay Zone these uses are
prohibited regardless of the potential benefits it brings to the neighborhood. In another location, a
service station might be an appropriate use adjacent to a freeway on-ramp, but service stations
are prohibited uses in the TD Overlay.
Updated:6/9/2014 by Linda Sutherland B Packet Pg. 1415
3265
The conditional use permit process allows the Planning Commission the opportunity to review
the proposed use and find that the economic benefits warrant approval of a use that would
otherwise be prohibited. The proposed amendment would allow the Planning Commission to
make exceptions based upon specific findings outlined in Section 19.36.050 (Findings).
Staff believes that these amendments provide the needed flexibility to foster economic
development while meeting the overall goals of the TD Overlay Zone.
FINDINGS OF FACT
The proposed amendment is consistent with the General Plan.
The proposal is to amend the permitted uses in the TD Overlay Zone. The General Plan
Land Use Map designates the TD Overlay areas as nodes with no specific boundaries and
no specific land uses. The proposed amendment foseters the goals of the Transit District
Overlay Zone and will continue to be consistent with the General Plan.
The amendment is also consistent with the following General Plan policy:
Policy 2.2.1, which calls for compatibility between land uses and quality design through
adherence to the standards and regulations in the Development Code and policies and
guidelines in the Community Design Element. The amendment will result in allowing
developers to modernize and improve the quality of design of properties located with the
` overlay zone. Thus, the Amendment will be consistent with this policy.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
The proposed amendment will allow greater flexibility to the TD Overlay Zone without
impacting the overall goals. Further, the Amendment will enable the
development/redevelopment of underperforming and blighted parcels with new, high-
quality development that will benefit the public interest, health, safety, convenience and
welfare of the City,rather than be detrimental to it.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in
a significant direct or reasonably foreseeable indirect physical change in the environment.
CONCLUSION
The Planning Commission has determined that proposed project satisfies all Findings of Fact for
approval of Development Code Amendment No. 14-13.
RECOMMENDATION
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Closed the hearing; and lay over the Ordinance for final adoption.
City Attorney Review:
Supporting Documents:
Ord 3265 (PDF)
Exhibit A (DOCX)
Attachment 1 PC staff report (PDF)
Attachment 2 PC Minutes 5.21.2014 (DOCX)
Attachment 3 Display DCA (DOC)
Updated: 6/9/2014 by Linda Sutherland B Packet Pg. 1417
6.A.a
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-13, A CITY-INITIATED REQUEST TO
3 AMEND DEVELOPMENT CODE SECTION 19.19A.060 (PERMITTED AND
4 CONDITIONALLY PERMITTED USES) IN THE TRANSIT DISTRICT (TD)
OVERLAY ZONE, PERMITTING LAND USE EXCEPTIONS PURSUANT TO
5 DEVELOPMENT CODE CHAPTER 19.36 (CONDITIONAL USE PERMITS AND
MINOR USE PERMITS)
6
7 WHEREAS,the current Development Code was initially implemented in 1991; and
8 WHEREAS,the current General Plan was initially implemented in 2005; and
WHEREAS, on May 21, 2014, the Planning Commission of the City of San
Bernardino held a noticed public hearing to consider public testimony and the staff report N
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recommending approval of Development Code Amendment 14-13 to the Mayor and Common
11 Council; and o
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12 WHEREAS, notice of the public hearing for the Mayor and Common Council's M
13 consideration of the proposed ordinance was published in The Sun newspaper on May 30, r
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14 2014.
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16 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: M
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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are true and hereby adopt and incorporate them herein.
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21 SECTION 2. Findings of Fact.
22 1. The proposed amendment will be consistent with the General Policy 2.2.1, which
23 calls for compatibility between land uses and quality design through adherence to the
24 standards and regulations in the Development Code and policies and guidelines in the
25 Community Design Element. The amendment will result in allowing developers to
26 modernize and improve the quality of design of certain properties located with the TD
27 overlay zone. Thus, the Amendment will be consistent with this policy.
28
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6.A.a
1 2. The proposed amendment will allow greater flexibility to the TD Overlay Zone
2 without impacting the overall goals. Further, the Amendment will enable the
3 development/redevelopment of underperforming and blighted parcels with new, high-quality
development that will benefit the public interest, health, safety, convenience and welfare of
4
the City, rather than be detrimental to it.
5
6 SECTION 3. Development Code Amendment 14-13, attached hereto as Exhibit A
7 and incorporated herein by reference, is hereby approved.
8
9 SECTION 4. Compliance with the California Environmental Quality Act. The o
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10 Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt
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11 from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of o
12 the CEQA Guidelines, because the effect of the amendment would not result in a significant
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13 direct or reasonably foreseeable indirect physical change in the environment.
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15 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or LO
clause or phrase in this Ordinance or any part thereof is for any reason held to be M
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unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision N
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shall not affect the validity or effectiveness of the remaining portions of this Ordinance or o
18 any part thereof. The Mayor and Common Council hereby declares that it would have d
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adopted each section irrespective of the fact that any one or more subsections, subdivisions,
20 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. Q
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6.A.a
I ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-13, A CITY-INITIATED REQUEST TO
2 AMEND DEVELOPMENT CODE SECTION 19.19A.060 (PERMITTED AND
CONDITIONALLY PERMITTED USES) IN THE TRANSIT DISTRICT (TD)
3 OVERLAY ZONE, PERMITTING LAND USE EXCEPTIONS PURSUANT TO
4 DEVELOPMENT CODE CHAPTER 19.36 (CONDITIONAL USE PERMITS AND
MINOR USE PERMITS)
5
6 I 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,
8 held on the day of , 2014, by the following vote to wit:
9
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Council Members: AYES NAYS ABSTAIN ABSENT N
MARQUEZ
11 BARRIOS
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12 VALDIVIA
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13 SHORETT r
14 NICKEL
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15 JOHNSON
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19 Georgeann Hanna, City Clerk
20 The foregoing Resolution is hereby approved this day of a
21 92014.
22
23
R. CAREY DAVIS, Mayor
24 Approved as to form: City of San Bernardino
25 GARY D. SAENZ, City Attorney
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6.A.b
Exhibit A
Development Code Amendment 14-13
TD (Transit District Overlay) Zone Section 19.19A.060
19.19A.060 PERMITTED AND CONDITIONALLY PERMITTED USES
B. Land Use Regulations—Commercial Base Zones. When the TD applies to property within a
commercial base zone, permitted and conditionally permitted uses shall be the same as the
base commercial zone, except as specified below.
Add the following new sub-section:
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3. Exceptions to Prohibited Uses. Exceptions are permitted to Section 19.19A.060(B)(2) for N
projects that stimulate economic development activity subject to a Conditional Use Permit 9
in accordance with Chapter 19.36(Conditional Use Permits and Minor Use Permits). ;
6.A.c
AGENDA ITEM #6
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 14-13
HEARING DATE: May 21, 2014
WARDS: Citywide
APPLICANT:
City of San Bernardino 0
Attn.: Mark Persico,AICP N
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300 N. "D" Street
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San Bernardino, CA 92418 ;
(909 387-5357
Persico ma @sbcity.org
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REQUEST AND LOCATION: r
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A City initiated request to amend Development Code Section 19.19A.060, Permitted and °
Conditionally Permitted Uses in the Transit District (TD) Overlay Zone and to amend LO
Development Code Section 19.44.030, Applicability and Project Review, to allow exceptions to
the TD Overlay Zone subject to an Administrative Permit.
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CONSTRAINTS/OVERLAYS:
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Not applicable.
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ENVIRONMENTAL FINDINGS:
® Exempt from CEQA—Section 15061(b)(3)
❑ No Significant Effect a
❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program
i ❑ Environmental Impact Report
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STAFF RECOMMENDATION:
❑ Approval
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❑ Conditions
❑ Denial
❑ Continuance to:
® Recommend to Mayor and Common Council
Packet Pg. 1422
6.A.c
DCA 14-13
May 21,2014
Page 2
PROJECT DESCRIPTION
In July 2012, the Mayor and Common Council approved the Transit District(TD) Overlay Zone.
The purpose of the Overlay is to implement the City's General Plan policies regarding
encouraging a wide variety of high-quality transit-oriented development within close proximity
to the new SbX (and future Redlands Rail) transit stations. When the Overlay was adopted there
was a general understanding that modifications would be necessary as staff and property owners
worked with the code.
d
Staff has been working with the Overlay Zone for the past 18 months and is continuing to fine- N
tune the code to assure that it encourages transit-oriented without impeding economic
development opportunities. In order to meet these dual goals staff is suggesting that exceptions
be allowed to the list of Permitted and Conditionally Permitted Uses. For example, the code
0
currently prohibits drive-thru commercial uses, car washes and service stations; however, there o
could be locations where these uses are appropriate. The proposed modification to Section
19.19A.060 (Permitted and Conditionally Permitted Uses) would provide flexibility and allow 4
certain uses subject to an Administrative Permit pursuant to Development Code Section a
19.44.030, consistent with Table 31.01 (Threshold of Review).
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19.19A.060 PERMITTED AND CONDITIONALLY PERMITTED USES M
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B. Land Use Regulations—Commercial Base Zones. When the TD applies to property within a a
commercial base zone, permitted and conditionally permitted shall be the same as the base
commercial zone, except as specified below.
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Add the following new sub-section: 00.
3. Exceptions are permitted so Section 19.19A.060(B)(2) for projects that stimulate economic
development activi1y subject to an Administrative Permit in accordance with Section
19.44.030(6).
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19.44.030 APPLICABILITY AND PROJECT REVIEW
An Administrative or Development Permit shall be pursuant to this Section. None shall be required
for alterations to an existing single family home, for interior tenant improvements to previously a
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 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 with the requirements
of this Title.
An Administrative Permit,which is acted upon administratively, shall be required under the
following circumstances:
Packet Pg. 1423
6.A.c
DCA 14-13
May 21,2014
Page 3
Add the following new sub-section:
6. For exceptions to the list of prohibited uses in the Transit District (TD) Overlay Zone
19.19A.060(B)(2).
BACKGROUND
July 2012 — the Mayor and Common Council approved San Bernardino Development Code
(SBDC) Chapter 19.19A, the standards and design guidelines for the TD Overlay
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May 5, 2014—A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on March N
8, 2014, advertising the March 21, 2014 Planning Commission hearing on DCA 14-13. >
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March 15, 2014 — The Development/Environmental Review Committee (D/ERC) reviewed the 0'
request for DCA 14-13.
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March 20, 2014 — the Legislative Review Committee (LRC) reviewed the request for DCA 14- 4
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ANALYSIS LO
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Development Code Section 19.19A.060 lists permitted and prohibited uses in the Transit District y
Overlay Zone. Staff would like flexibility to consider a drive-thru, service station or other
prohibited use based upon the facts unique to a site (e.g. distance from transit stop, distance from
freeway on/off ramps, community benefit, etc.). In other words, a drive-thru Starbuck's Coffee
Shop might be appropriate because it adds a community-gathering place to a neighborhood that N
has no gathering place. However, under the TD Overlay Zone these uses are prohibited a.
regardless of the potential benefits it brings to the neighborhood. In another location, a service
station might be an appropriate use adjacent to a freeway on-ramp, but service stations are E
prohibited uses in the TD Overlay.
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The proposed amendment would allow the Community Development Director to make a
exceptions based upon specific findings outlined in Section 19.44.040 (Findings).
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The second suggested Development Code Amendment is necessary in order to implement the
exceptions language. Currently, there are only five categories of use that can be approved a
through an Administrative Permit. The proposed amendment adds category six.
1. For residential projects with two to four dwelling units, including the relocation or
movement of residential structures;
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);
3. For the expansion of a non-residential use or structure that is not consistent with the
existing project;
Packet Pg. 1424
6.A.c
DCA 14-13
May 21,2014
Page 4
4. For recycling facilities;
5. For wireless telecommunications facilities; and,
6. For exceptions to Section 19.19A.060(BO(2)in the Transit District(TD)Overlay Zone.
The new sub-section above is necessary to implement the exceptions language of 19.19A.060.
Staff believes that these amendments provide the needed flexibility to foster economic
development while meeting the overall goals of the TD Overlay Zone.
FINDINGS OF FACT
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1. The proposed amendment is consistent with the General Plan.
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The proposal is to amend the permitted uses in the TD Overlay Zone. The General Plan p
Land Use Map designates the TD Overlay areas as nodes with no specific boundaries and o
no specific land uses. The proposed amendment foseters the goals of the Transit District M
Overlay Zone and will continue to be consistent with the General Plan. v
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The amendment is also consistent with the following General Plan policy: o
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Policy 2.2.1, which calls for compatibility between land uses and quality design through M
adherence to the standards and regulations in the Development Code and policies and "
guidelines in the Community Design Element. The amendment will result in allowing o
developers to modernize and improve the quality of design of properties located with the
overlay zone. Thus, the Amendment will be consistent with this policy.
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2. The proposed amendment would not be detrimental to the public interest, health, safety, a.
convenience, or welfare of the City.
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The proposed amendment will allow greater flexibility to the TD Overlay Zone without
impacting the overall goals. Further, the Amendment will enable the
development/redevelopment of underperforming and blighted parcels with new, high- Q
quality development that will benefit the public interest, health, safety, convenience and
welfare of the City,rather than be detrimental to it. E
FINANCIAL IMPACT a
There will be no direct impact to the General Fund.
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.
Packet Pg. 1425
DCA 14-13
May 21,2014
Page S
CONCLUSION
The proposed project satisfies all Findings of Fact for approval of Development Code
Amendment/Zoning Map Amendment No. 14-13.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment/Zoning Map Amendment No. 14-13 to the Mayor and Common Council, based
upon the Findings of Fact contained in the staff report. 0
Respectfully Submitted,
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Mark Persico,AICP 4
Interim Director of Community Development a
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Exhibit A Proposed Development Code Text Amendments N
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6.A.c
DCA 14-13
May 21,2014
Page 6
Exhibit A
Development Code Amendment No. 14-13
TD (Transit District Overlay)Zone Section 19.19A.060
And
Administrative and Development Permits Section 19.44.9030
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19.19A.060 PERMITTED AND CONDITIONALLY PERMITTED USES N
B. Land Use Regulations—Commercial Base Zones.When the TD applies to property within a
commercial base zone, permitted and conditionally permitted shall be the same as the base o
commercial zone,except as specified below.
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Add the following new sub-section:
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3. Exceptions are permitted so Section 19.19A.060(B)(2) for projects that stimulate economic o
development activity subject to an Administrative Permit in accordance with Section
19.44.030(6). N
19.44.030 APPLICABILITY AND PROJECT REVIEW o
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An Administrative or Development Permit shall be pursuant to this Section. None shall be required
for alterations to an existing single family home, for interior tenant improvements to previously y
approved non-residential uses that DO NOT involve an intensification in land use (e.g., conversion a.
of a shoe store to a restaurant, or a residential structure to an office use, etc.), or for exterior T"
alterations on non-residential projects that are in substantial compliance with the existing project. a
Each application shall be analyzed to ensure that the application is consistent with the requirements
of this Title.
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An Administrative Permit,which is acted upon administratively, shall be required under the
following circumstances: E
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Add the following new sub-section: Q
6. For exceptions to the list of prohibited uses in the Transit District (TD) Overlay Zone
19.19A.060(B)(2).
Packet Pg. 1427
6.A.d
Larry Heasley,Chair
Lance Durr,Vice-Chair
AndrewMaee
Amelia S.Lopez CITY OF ,SAN BERNARDINO
Frederick Grochulski
Dustin Barnhardt COMMUNITY DEVELOPMENT DEPARTMENT
Kent Paxton
Casey Dailey 300 North "D"Street, San Bernardino, California 92418
Michael Thomas Phone:(909)384-505715071 a Fax:(909)384-5080
Bob Brown,Alt.
PLANNING COMMISSION MINUTES
May 21, 2014
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MINUTES OF APRIL 16, 2014 N
CONDITIONAL USE PERMIT 14-01 v
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TENTATIVE PARCEL MAP 19533 (SUBDIVISION 14-08) AND CONDITIONAL USE
PERMIT 14-10 M
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CONDITIONAL USE PERMIT 13-12 Q
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CONDITIONAL USE PERMIT 14-02 LO
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DEVELOPMENT CODE AMENDMENT 14-13
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DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09 N
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DEVELOPMENT CODE AMENDMENT 14-15 y
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6. DEVELOPMENT CODE AMENDMENT 14-13 - A request to amend
Development Code Section 19.19A.060, Permitted and Conditionally Permitted
Uses in the Transit District (TD) Overlay Zone, to allow use exceptions under
certain circumstances.
Environmental Determination: Exempt from CEQA—Section 15061 (b)(3)
Applicant: City of San Bernardino
APNs: City Wide
Ward: All 3
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Recommended Motion: Staff recommends that the Planning Commission
recommend approval of Development Code Amendment/Zoning Map Amendment
14-13 to the Mayor and Common Council, based upon the Findings of Fact 0'
contained in the staff report. o
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Mark Persico, Interim Community Development Director, gave a brief presentation of Q
the project. U o
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Commissioner Barnhardt asked if this was just making this area more flexible for the N
businesses in the Transit District Overlay.
Mark Persico,Interim Community Development Director said that was correct. N
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Commissioner Dailey wanted clarification on the exceptions in to the district were.
Mark Persico,Interim Community Development Director the code currently contains two
categories or uses; those uses are permitted and those that are prohibited. Some of the
prohibited uses would be drive thru's. There had been some discussion of Starbucks wanting N
to locate into one or two of the Transit District Overlay Zones. As the code is currently
written drive thru's are prohibited, and Starbucks would be prohibited in all 13 TDO Zones. E
Some of those locations would be a benefit to the neighborhood and to the TDO Zones. This U
exception process will allow staff to review those uses on a case by case basis. The project Q
proponent could make their case on the project,while the project is prohibited,that it should
be permitted and what its benefits would be. They could argue that their benefits could E
outweigh the potential negative if it were to be permitted.
Commissioner Dailey asked if staff would have the ability of taking all of the items on the Q
prohibited list, on an Administrative level,without any review from the Planning
Commission, and make the determination that an auto body repair shop could be approved
due to staff saying it could be an economic benefit.
Mark Persico, Interim Community Development Director said that that is the potential.
Commissioner Dailey stated that was the intent on making a prohibited list, so that staff
would have the opportunity to stand on strong policy and say we are not going to allow this,
Packet Pg. 1429
6.A.d
even though it might be allowed in the General Commercial Zone,but in this particular area
in this pocket we are not going to allow it.
Mark Persico,Interim Community Development Director said that staff looked at several
different options. One option would be to allow all of the uses, as prohibited,to pick a few
of those such as drive thru's, and subject those to an Administrative Permit process. The
second option would be subjecting them to a Conditional Use Permit that would come before
the Planning Commission. There are different levels of Administrative Permits; some are
approved by the commission and some are approved by staff.
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Commissioner Dailey said that using the Starbucks example,wouldn't they be subject to a 0
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Development Permit 1 or something that would have to come before the commission.
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Mark Persico,Interim Community Development Director deferred to Senior Planner o
Aron Liang.
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Senior Planner Aron Liang as outlined in the Development Code, it would not be permitted 4
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in the TDO. With this option it would allow staff the flexibility to review the cases Q
individually. Even though they go through an administrative process, commission would still o
be able to override the consideration.
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Commissioner Dailey said,putting the TDO aside for the moment, if there was a vacant lot
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that someone wanted to put a new coffee shop with a drive thru and it is permitted in the c
zone,would that have to come before Planning Commission. N
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Senior Planner Aron Liang said yes,that is correct. A Conditional Use Permit would be
required due to all drive thru's being subject to that.
Commissioner Dailey wanted to clarify that now the proposal is that items would not have a
to go before Planning Commission because of it being located in the TDO. N
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Senior Planner Aron Liang said that is correct. E
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Mark Persico,Interim Community Development Director added the fact that it was not Q
the intent to give staff more discretion. If the concern is that drive thru's will now be
permitted at a staff level, maybe the amendment would be that uses on the prohibited list
could be subject to the normal review process.
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Donn Dimichele,Deputy City Attorney, added that this amendment isn't intended to Q
change other parts of the code that would require greater than staff level review. The only
thing it does is move the prohibition that exists now if you want to move one of these uses to
the TDO. Staff would be willing to make that explicit if it would satisfy the concern.
Commissioner Lopez asked if these changes were being made due to people making
inquiries.
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Mark Persico,Interim Community Development Director said that it was mostly drive
thru facilities.
Commissioner Lopez asked which ones.
Mark Persico,Interim Community Development Director said that Starbucks was one of
them. They haven't submitted anything official but they have approached the department
concerning it.
Commissioner Lopez asked if there were any others that have inquired.
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Senior Planner Aron Liang said there have been several others, like Chase Bank with a >
drive thru ATM, as well as restaurants. a,
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Commissioner Lopez asked when referencing a drive thru if they were talking about Burger o
King or McDonald's style.
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Senior Planner Aron Liang said that it was drive thru in general.
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Commissioner Lopez had a concern about the long term affect and if it would be pedestrian LO
friendly and higher end. She showed concern about the overall plan of the changes in the M
downtown area.
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Mark Persico,Interim Community Development Director said that one concern would be N
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the additional drive aisle and curb cut that disturb the pedestrian walk way. There are several
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different ways to do a drive thru. You could relocate the drive aisle so it doesn't have such a
an impact on the pedestrian flow of traffic. He stressed that with using good design
principles; they could adjust the driveway location or aisle and achieve the goal of a walkable
street. The reality is that places like Starbucks won't build unless they have a drive thru. a
What we're trying to do through this Code Amendment is recognize that we don't want to N
sacrifice the investment made into sbX,but at the same time,we want to allow a fast food or
a Starbucks drive thru to open. If the commission is more comfortable with the Planning E
Commission making that decision that is perfectly fine.
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Commissioner Lopez said that that answered part of her question on this,with Starbucks not
wanting to build unless they can have a drive thru. She said that the City had invested a lot
of money into the SBX project.
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Mark Persico,Interim Community Development Director agreed that there was a Q
significant investment that was made.
Commissioner Lopez said that when they opened 5"' street, which is a main artery, there is a
lot of traffic.
Mark Persico,Interim Community Development Director said that it would be hard for
most people to walk along 5t" street.
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Commissioner Dailey agrees with Commissioner Lopez in that the piece by piece approach
is kind of how we have what we have right now. We've got a hodge podge of Commercial,
Industrial, Residential and Public Facility all in one area. He thinks the only way that that
happens is piece by piece. He then referenced a previous applicant that requested to move
from the TOD Overlay to 5th Street and the freeway for these exact reasons; to put something
in that was more auto oriented. There was another piece that was added off of G Street
where the proposed Loma Linda project due to the fact that fit more in line with the TDO. He
suggested that instead of having all the proposed projects under this amendment go through
an Administrative Permit process that perhaps they would be subject to a Conditional Use a�
Permit that would have to be approved by the Planning Commission. N
Chair Heasley stated that he would support that, and there would be control as to how it a
administered and put into place. 0
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Senior Planner Aron Liang stated that it's good to keep in mind that in order for this to M
work well for the community it will need some fine tuning as part of the process. In absents v
of the Economic Development Department,the Development Code is our main tool for Q
streamlining, and one way to provide incentives to developers. o
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Commissioner Machen stated that he liked Commissioner Dailey's proposal and asked how M
they could implement his idea.
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Mark Persico,Interim Community Development Director stated that he had some N
suggested language for the proposed changes. He referenced Exhibit A, attached to page 6,
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instead of saying Subject to an Administrative Permit, it would say Subject to a Conditional
Use Permit in accordance with Chapter 19.36.
Donn Dimichele,Deputy City Attorney, stated that that change takes care of the first part, a
but the second part would have to be rewritten. Right now it states that we propose the use of N
an Administrative Permit under a certain section, and now it would be a Conditional Use
Permit under a different section. E
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Commissioner Dailey made a motion to recommend to the Mayor and Common Council the Q
approval of Development Code Amendment/Zoning Amendment 14-13, based on the
Findings of Fact contained in the staff report and discussed changes of replacing the use of an
Administrative Permit in Chapter 19.44.030(6) to the use of a Conditional Use Permit in
Chapter 19.36.
Commissioner Paxton seconded the motion.
The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski,
Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Brown. Absent:
None.
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ADJOURNMENT
Commissioner Dailey made a motion which was unanimously carried, to adjourn the Planning
Commission meeting at 10:00 p.m. The next regular meeting was scheduled for Wednesday,
June 21, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California.
Minutes Adopted by Planning Commissioners: o
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Date Approved:
Minutes Prepared by:
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Stephanie Sanchez o
Executive Assistant
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6.A.e
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on
Monday,June 16,2014, at 4:00 p.m. or thereafter in the Council Chambers, City Hall, 300 North"D" Street, San
Bernardino,California 92418,on the following item:
DEVELOPMENT CODE AMENDMENT 14-13 -A City-initiated request to amend Development Code Section
19.19A.060, Permitted and Conditionally Permitted Uses in the Transit District (TD) Overlay Zone, to allow use
exceptions under certain circumstances.
Proposed by: City of San Bernardino
Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3)
DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09—A City-initiated v
request to amend Development Code Chapter 19.06(Commercial Districts)Section 19.060.25 (1)(A)Smoke Shops, o
Section 19.060.25(2)for shopping centers over 200,000 square feet and Conditional Use Permit(CUP)14-09 to relocate N
an existing check cashing business. The site subject for CUP 14-09 is located at 761 West 2°d Street,in the Commercial
General(CG-1)zone.
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Proposed by: City of San Bernardino 0
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Environmental Recommendation: Exempt from CEQA—Section 15301 —Existing Facilities r>
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DEVELOPMENT CODE AMENDMENT 14-15 -A City-initiated request to amend Development Code Chapter
19.19A.020(Figure 10)and the City's Zoning Map to add certain parcels at 133 S.E Street to the TD Overlay.
Proposed by: City of San Bernardino N
Environmental Recommendation: Exempt from CEQA—Section 15301 —Existing Facilities
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The City of San Bernardino welcomes your participation in evaluating these items.The Mayor and Common Council will
review the proposal and will consider the proposed environmental determination in making a decision.The public is
welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please a
contact the Community Development Department at City Hall,or by phone at(909)384-5057.
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If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to E
the City Planning Division at,or prior to,the public hearing.
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Submitted: May 27,2014
Publish: May 30,2014(minimum 1/8 Page Ad) E
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Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanie(a),sbcit r�org. Q
Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North
"D"Street,San Bernardino,CA 92418
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