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ORDINANCE (ID# 1469) DOC ID: 1469
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 01/09/2012
Prepared by: Aron Liang, (909) 384-5057
Dept: Community Development Ward(s): All
Subject:
An Ordinance Deleting Amendment MC 1356 and Amending Chapter 19.06, Table 06.01, List
of Permitted Uses, in Chapter 19.06 of the Municipal Code (Development Code), to Permit New
Movie Theaters Not Otherwise Exempted by a Development Agreement, with an Auditorium of
3,000 Sq. Ft. or Less and 200 or Fewer Seats, with No Limit of the Number of Screens in Any
Theater Complex (DCA 11-11). (FIRST READING)
Financial Impact:
None
Mayor to open the hearing. . .
Motion 1: Close hearing and lay over Ordinance approving Development Code Amendment
No. 11-11 and Development Agreement No. 11-02 concurrently;
OR
Motion 2: Close hearing and lay over Ordinance approving Development Code Amendment
No. 11-11.
Synopsis of Previous Council Action:
06/01/09 Mayor and Council accepted and endorsed the Downtown Core Vision/Action Plan
and directed staff to proceed with its implementation.
05/02/11 Mayor and Common Council approved Development Code Amendment (DCA) No.
11-01 (MC 1356) that amended Table 06.01, List of Permitted Uses, in Chapter 19.06
of the Development Code, Commercial Districts, to permit movie theaters of four or
more screens subject to a Conditional Use Permit in the downtown Main Street
Overlay District.
Owner/Applicant: Representative:
San Bernardino Economic Development Lewis Brisbois Bisgaard& Smith LLC
Corporation 650 East Hospitality Lane, Suite 600
201 North"E" Street, Ste. 301 San Bernardino, CA 92408
San Bernardino, CA 92401
Background:
The San Bernardino Economic Development Corporation (EDC) proposed Development Code
Amendment (DCA) No. 11-11 to support its efforts to revitalize Downtown San Bernardino in
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accordance with the Downtown Core Vision/Action Plan, the guiding land use and
redevelopment strategy document endorsed by the Mayor and Council in 2009. One of seven key
initiatives in the Downtown Core Vision/Action Plan is creation of an entertainment district,
anchored by the California Theater and the downtown cinema. The EDC has been working to
enhance the California Theater, re-tenant the downtown cinema and create an entertainment
plaza,known as Theater Square,to revive night life in Downtown San Bernardino.
The proposed amendment will modify Chapter 19.06, Commercial Districts, Table 06.01, List of
Permitted facilitate the development of the cinema-plex project in the Downtown area and will
replace provisions for permitting movie theaters in certain areas of the city based on the number
of screens with a city-wide standard for new theater development. The new standard would apply
to new theaters not otherwise exempted by a prior development agreement, and would limit the
size of theater auditorium to 3,000 sq. ft. or less and 200 or fewer seats, with no limit on the
number of screens in any theater complex. A more detailed description and analysis of the
proposed DCA is attached in the December 14, 2011, Planning Commission Staff Report
(Exhibit 1).
The proposed DCA will allow for the stabilization of the renewed operations of the downtown
cinema-plex project and provide for the more orderly development of theater and commercial
projects in outlying City neighborhoods with limitations on the sizes of auditorium and seating
capacity that will enhance the local markets in these outlying neighborhoods. There currently
exists a significant void in the allocation of market shares for theater projects in the East Valley
for the concentric market areas radiating from the Downtown area. The proposed amendment
allows for greater flexibility in locating theaters outside of the downtown while still supporting
the creation of the downtown entertainment district.
Planning Commission Recommendation:
After a lengthy discussion, the Planning Commission recommended approval of DCA No. 11-11
and that the Mayor and Common Council adopt an Ordinance approving DCA No. 11-11 and
Development Agreement No. 11-02 concurrently on a vote of 8 - 1 at their meeting of December
14, 2011. Commissioners Eble, Coute, Durr, Heasley, Lopez, Machen, Mulvihill and Rawls
voted in support of the motion and Commissioner Jimenez voted against the motion.
The minutes of the Planning Commission Hearing December 14, 2011, are attached as Exhibit 2
for reference and are available from the City Clerk's office on CD for review.
Additionally, the disc containing the full recording of the December 14, 2011 Planning
Commission meeting is available to be picked up at the City Clerk's office or in the Community
Development Department for review.
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California Environmental Quality Act(CEQA) Compliance:
Section 15061(b)(3) of the CEQA Guidelines states: "the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA."
The proposed amendment will not create any public health or safety hazards and will not have a
significant impact on the environment, such as water, sanitary services, roadways and
intersections, and school. The proposed Ordinance would delete the prior amendment approved
by Ordinance MC 1356 to limit the number of new movie theater screens permitted outside the
Main Street Overlay District and would be replaced with a limitation on new theater
development on a city-wide basis, affecting new theaters not otherwise exempted by a prior
development agreement to 3,000 sq. ft. or less, with 200 or fewer seats, and with no limit on the
number of screens in any theater complex. This amendment to the Municipal Code does not
entitle permanent alterations to land or the environment. Therefore, the Ordinance is exempt
from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines, because
no direct or reasonably foreseeable indirect physical change in the environment will result from
its adoption.
Public Hearing Notice:
Notice of the public hearing of this item was published in a 1/8 page advertisement in the San
Bernardino County Sun on December 24, 2011.
Attachments:
Exhibit 1 Planning Commission Statement of Action and 12/14/11 Planning Commission
Staff Report
Exhibit 2 Draft Minutes of the Planning Commission Hearing 12/14/11 (full disc available;
see above)
Exhibit 3 Proposed Ordinance approving Development Code Amendment No. 11-11 and
Development Agreement No. 11-02 concurrently
Exhibit 4 Option: Ordinance approving Development Code Amendment No. 11-11
City Attorney Review:
Supporting Documents:
Exhibit 1 - 12.14.11 Planning Commission Staff Report (PDF)
Exhibit 2 - 12.14.11 Minutes (DOC)
Exhibit 3 - Ordinance combine (DOC)
Exhibit 4 - Ordinance (DOC)
Attachment 1 (PDF)
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PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
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CASE: Development Code Amendment No. 1 I-11
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AGENDA ITEM: 2 r
HEARING DATE: December 14, 2011
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WARD: Citywide
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APPLICANT:
San Bernardino Economic Development Corporation Q
201 North"F,*' Street, Ste. 301 0
San Bernardino, CA 92401 U
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REQUEST/LOCATION: >
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A proposal to amend Section 19.06.020 of the Development Code to delete the prior amendment
approved by Ordinance MC 1356 to limit the number of new movie theater screens permitted
outside the Main Street Overlay District. This prior amendment language would be replaced with
a limitation on new theater development on a city-wide basis, affecting new theaters not o
otherwise exempted by a prior development agreement to 3,000 sq. ft. or less, with 200 or fewer
seats, and with no limit on the number of screens in any thcater complex.
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CONSTRAINTS/OVERLAYS: 0
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Not Applicable E
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ENVIRONMENTAL FINDINGS:
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El Exempt from C EQA, Section 15061(b)(3)—No Possible Significant Impact a.
a Mitigation Measures and Mitigation Monitoring/Reporting Program r
❑ Environmental Impact Report
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STAFF RECOMMENDATION: ._
0 Approval Recommendation to Mayor•and Council w
❑ Conditions
❑ Denial E
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❑ Continuance to: v
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IK'A No. 11-11
PC Hearing Dale:December 14,2011
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PROJECT DESCRIPTION L
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Development Code Amendment (DCA) No. 11-11 is a proposal to change Chapter 19.06,
Commercial Districts, Table 06.01, List of Permitted Uses. This item is presented to the Planning
Commission for a recommendation to be forwarded to the Mayor and Common Council, 'o
pursuant to Section 19.42.030 of the Development Code, Commission Action on Amendments.
The proposed amendment would replace provisions for permitting movie theaters in certain areas
of the city based on the number of screens with a city-wide standard for new theater a
development. The new standard would apply to new theaters not otherwise exempted by a prior E
development agreement, and would limit the size of theater auditorium to 3,000 sq. ft. or less and C
200 or fewer seats, with no limit on the number of'screens in any theater complex. E
SETTING AND AREA OF EFFECT o
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DCA No. 11-11 would affect all commercial districts throughout the City where movie theaters CD
of any size arc currently permitted subject to approval of a Conditional Use Permit (CUP). o
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) o
The proposed amendment of the Development Code is exempt from CEQA under the general
rile in Section 15061(b)(3) of the CEQA Guidelines that there is no foreseeable physical effect
of the proposal that could cause a significant adverse impact on the environment. The proposed
amendment sets development standards for potential development pursuant to the Development
Code.
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BACKGROUND N
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• On May 2, 2011, the Mayor and Common Council approved Development Code n
Amendment (DCA) No. 11-0 1 (MC 13 56) that amended Table 06.0 1, List of Permitted E
Uses, in Chapter 19.06 of the Development Code, Commercial Districts, to permit movie 0
theaters of four or more screens subject to a Conditional Use Permit in the downtown a,
Main Street Overlay District. S
• November 29, 2011, Application for Planning Commission of the Development Code
Amendment No. 1 I-11 was submitted. nJ.
• December S, 2011, Applicant representative's letter proposing recommendation for
adopting the code amendment by ordinance.
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ANALYSIS
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The proposed amendment would provide a city-wide standard for permitting movie theaters.
Specifically, the proposed amendment would enhance the environment for success of the w
downtown movie theater, the California Theater, and existing and future ancillary uses in the c
surrounding area, including Theater Square. E
Adopted policies that support this type of development are made part of the proposed findings. a
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1)CA No. 11-I1
PC Rearing Date:December 14,2011
Page
FINDINGS OF FACT L
1. The proposed amendment is consistent with the General Plan.
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The proposed amendment would provide new standard for new theaters not otherwise 'o
exempted by a prior development agreement, and would limit the size to 3,000 sq. ft. or
less and 200 or fewer seats, with no limit on the number of screens in any theater
complex, consistent with the following General Plan goals and policies:
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Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by E
strategic infill of new development and revitalization of existing development".
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Policy 2.1.3: "Encourage future development to provide public spaces that foster social
interaction.' 0
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Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in
downtown San Bernardino, including expanding convention facilities, hotels, restaurants, E
theaters and similar uses." —0
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2. The proposed amendment would not he detrimental to the public interest, health, sa_1ety,
convenience or we?firre gI'the City. to
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The proposed amendment would allow for business growth and an increase in
recreational and employment opportunities for local residents. Therefore, the proposed
Development Code Amendment is not detrimental to public health, safety, convenience
or general welfare.
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The proposed amendment would allow for business growth and an increase in o
recreational and employment opportunities for local residents. 'Therefore, the proposed y
Development Code Amendment is not detrimental to public health, safety, convenience E
or general welfare. o
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The proposed amendment will allow for the stabilization of the growth and expansion of
theater projects on a City-wide basis and will ensure that existing theaters and
development agreements that potentially provide for further theater developments will ii
not be adversely impacted by the Development Code Amendment. The proposed r
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amendment will also ensure the orderly development of other theater projects within the
City so that new projects are not constructed solely f'or the opportunity to cannibalize
economic market share within the City thus avoiding the potential of the City not having
any quality theater venues available to the public.
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The proposed amendment will allow for the stabilization of the renewed operations of the w
downtown cinema-plex project and provide for the more orderly development of theater
and commercial projects in outlying City neighborhoods with limitations on the sizes of W
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auditorium and seating capacity that will enhance the local markets in these outlying
neighborhoods. There currently exists a significant void in the allocation of market w
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DC A.'Jo. 11-11
11C Hearing Dcae:December 1 4.2 011
Page 4
�-a shares for theater projects in the East Valley for the concentric market areas radiating
from the Downtown area. The proposed amendment will allow the City to assure that by
the development of the cinema-plex project in the Downtown area, the City is positioned
well into the future to benefit from the economic advantages in capturing these currently
lost theater venue and restaurant opportunities. 0
The developments that will occur as the result of this proposed amendment, and most
notably the downtown cinema-plex project, will act as a potentially significant catalyst
f'or the development of other properties in the Downtown area. The projects to be built as
the direct result of this proposed amendment will accomplish the following significant E
factors for the benefits of the City: (i) provide for much needed restaurant uses in the
Downtown area both for the lunch time worker customer and for the evening theater E
patron seeking restaurant and entertainment opportunities, (ii) mitigate blight that
currently exists in the Downtown area, (iii) create new employment opportunities within o
the City and within the region due to the regional attraction of both the cinema-plex
project and the restaurants that will locate as the result of the cinema-plea re-opening,
and (iv) contribute to the expansion and extension of public services and utilities similar a
to what the City is currently experiencing with the EDA sponsored public improvements —0
on 4"' Street and the remodeled Theater Square. o
CONCLUSION
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The purpose and the provisions of the proposed Development Code Amendment satisfy all
p findings of Fact required for approval.
RECOMMENDATION
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Staff recommends that the Planning Commission recommend approval of Development Code o
Amendment No. 11-11 to the Mayor and Common Council, based on the Findings of Fact n
contained in the Staff Report and provided that the Mayor and Common Council adopt an E
Ordinance approving Development Code Amendment No. 11-11 and Development Agreement v
No. 11-02 concurrently.
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Respectfully Submitted,
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Aron Liang N
Senior Planner '
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Approved for Distribution: w
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DCA No. r r-1 r
PC clearing Darr.December 14,2011
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Margo Wheeler, AICP a�
Community Development Director >
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Attachment A Proposed Amendment of Table 06.01 r
Attachment B Applicant representative letter dated December 8, 2011 C
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