HomeMy WebLinkAbout07.B- Community Development 7.B
DOC ID: 1363 E
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Report/Information
From: Margo Wheeler M/CC Meeting Date: 11/07/2011
Prepared by: Shirley Robinson, (909) 384-
5057
Dept: Community Development Ward(s): All
Subject:
Approval and Implementation of a General Plan Meeting Outreach Program by the Community
Development Department.
Financial Impact:
Account Budgeted Amount: $0 Account No. N/A
Account Description: N/A
Balance as of. $0
Balance after approval of this item:
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: That the General Plan meeting outreach program be approved and the City
Manager be directed to implement the program.
Synopsis of Previous Council Action:
None
Background:
California State Planning Law requires cities to publish notices in at least one newspaper of
general circulation within the jurisdiction of the local agency which is conducting a public
hearing 10 days prior to the hearing. Posting of the notice in three public places within the
jurisdiction is required if there is no such newspaper.
Notice of public hearings must also be mailed at least 10 days prior to hearing to owners of real
property as shown on the latest equalized tax assessment roll within 300 feet of the subject
property. If the number of owners to whom the notice would be mailed is more than 1,000, a 1/8
page newspaper display ad is allowed.
The notice of public hearing must include hearing date, time and place; identity of hearing body;
project description and location; and the nature of the request.
City of San Bernardino Development Code is more inclusive than state law, requiring
notification within 500 feet.
Updated: 11/3/2011 by Mayra Ochiqui E
Packet Pg. 715
7.B
1363
Analysis:
The purpose of a General Plan Amendment Community meeting is to allow interested parties to
meet directly with the developer to get their questions answered and concerns addressed. The
developer conducts the meeting and a city Planning staff member attends to ensure that the
meeting is held and to correct any misinformation regarding city code or process. A short report
on the meeting is made part of the Planning Commission staff report.
A request by a private property owner to change the City's General Plan (GP) designation and
zoning on a specific property can have a major impact on a neighborhood. For this reason it is
important to ensure that the property owners in the area have a chance to understand, comment
upon and provide input on the proposed change and potential development.
The Community Development Department,therefore, is improving customer service by strongly
encouraging and assisting developers in meeting directly with the public prior to hearings. The
City believes this opportunity for residents to meet with developers will allow for optimal
dissemination of information in an informal setting.
Applicants will be asked to select a meeting date at least ten days prior to the Planning
Commission meeting. Notice of the meeting will be mailed to all property owners within an
expanded 1,000-foot radius of the proposed project and to all Neighborhood Cluster Associations
within one mile 10 days prior to the meeting. Legal notification will continue to go out prior to
Planning Commission and City Council hearings and citizens will, as ever,be encouraged to
testify at hearings where the final decisions on projects are made.
The expanded mailing radius and notification to Neighborhood Cluster Associations is intended
to encourage higher citizen participation and ensure greater sharing of information. Having the
ability to have a greater understanding of a project prior to the public hearing allows for
testimony on the merits or concerns regarding the project at the Planning Commission hearing
rather than having to garner information at that time.
A better informed public is an important step in ensuring better projects and knowledgeable
decisions by appointed and elected officials.
SuAportim Documents:
Sample Meeting Notice (PDF)
General Plan Amendment Meeting Guidelines (PDF)
Updated: 11/3/2011 by Mayra Ochiqui E
Packet Pg. 716
7.B.a
SAMPLE
NEIGHBORHOOD MEETING
Date of meeting: Month/Day/Year
Time: Start time must be between 5:30-6:30 p.m. (please do not list end time)
Location: Include address, room number, driving directions and/or map
Topic: General Plan Amendment(GPA No. or relevant case number)
And application in the City of San Bernardino that is scheduled to be
placed on the , 2011 city of San Bernardino Planning
Commission Agenda. t
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d
This application (GPA No. or relevant case number) is a request
to (information taken from application). Please include what current use is
and what proposed change will be. (Description of project to include: r
street address and/or Assessor's Parcel Number and Ward number) a
With comments or questions, please contact:
a
Please provide contact name/number in case residents are unable to attend meeting and have
i questions.
i '
Contact name and number for night of meeting: M
(Contact number must be available up to and during the time of the meeting)
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LPacket Pg. 717
7.B.b
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°6"oED IN GENERAL PLAN AMENDMENT MEETING GUIDELINES
APPLICANT'S STEPS TO TAKE FOR ANY NEIGHBORHOOD MEETING:
s
SETTING UP
• Meeting is to be held prior to the last day for Neighborhood Meeting date in Column 4 on back. O
• Determine a place and time for your meeting. 0'
Time: Start between 5:30-6:30 p.m. a
d
Days:Mon-Thurs only(never on scheduled Planning Commission nights)
Place: Close as possible to project location CU
a
• Prepare notice. .
Contents: a�
C
• Thorough description of proposed project.Include"From... To...,"street c�
address and/or Assessor Parcel Number and Ward Number
• Date of meeting M
T
• Time of meeting
Cn
• Place of meeting: Include room number/name and directions
Contact name and phone number for night of meeting for directions/questions
(contact number must be available up to and during the time of the meeting) 0
• Tentative date of Planning Commission meeting
• Fax notice to Community Development Department(909)384-5080. City staff will assess for
a�
suitability of time and location.Approval or corrections to notice will be faxed back within 2
working days.DO NOT MAIL NOTICE UNTIL CITY COMMENTS.
E
MAILING
• Approved notices to be mailed to all property owners(as recorded with the San Bernardino a
County Assessor's office)within one thousand feet(1000')of subject property AND to all City r-
of San Bernardino registered Neighborhood Cluster Associations within one(1)mile of the a
subject property.
7a
(A list of all property owners and neighborhood cluster associations and labels for same may be
obtained from the Community Development Department for a nominal charge.You may request
c
by calling(909)384-5057 with a two(2)business day lead time.)
• Notices should be postmarked at least 10 days prior to the neighborhood meeting date. Q
Packet Pg. 718
Henry Empeno
From: Henry Empeno
Sent: Friday, October 28, 2011 12:32 PM
To: McNeely_Ch; Andrea Travis-Miller
Cc: Margo Wheeler; Clark_Ra; Mayra Ochiqui; James Penman; Stephanie Easland; Angie
Rodriguez
Subject: 11/7/11 MCC Mtg Agenda Item, General Plan Meeting Outreach Program
To: Mr. McNeely& Ms. Travis-Miller,
I respectfully request that this agenda item submitted by Community Development be withdrawn from the proposed
agenda for the November 7, 2011 Council Meeting. I would have made these comments on the Minute Track system
but I was not listed as a Reviewer. The City Attorney was also deleted as a Reviewer. Community Development did not
consult with me prior to submitting this agenda item.
The Background and Analysis sections are erroneous and omit several fundamental legal principles. The "California
State Planning Law"cited in the Background section regarding the public notice requirements, describes state laws
applicable to general law cities but which are not applicable to charter cities such as the City of San Bernardino, see
Government Code Section 65700(a). San Bernardino Development Code Section 19.52.020 governs notices of public
hearings before the Planning Commission and the Mayor and Council; and while similar to some state laws regulating
notices by general law cities, the Development Code does not have the same requirements.
More importantly, the Analysis section proposes to add requirements to General Plan Amendment applications which
can only be added by a Development Code Amendment. The applicants on any development project, even those not
needing a General Plan Amendment, should always be encouraged by City staff to meet with neighboring property
owners and tenants and the Neighborhood Cluster Associations in the subject area, as early in the process as possible
and especially before the Planning Commission and Council Public Hearings. The applicants can arrange these meetings
on their own, at their expense, with City staff invited to attend to provide information to the interested parties. I have
often attended Neighborhood Cluster Association (NCA) meetings where the applicants and City staff were invited by
the NCA to talk about a proposed project. If City staff formally"requests" these public meetings, sends out notices, and
arranges the time and location of these meetings (even though costs are paid by the applicant), then the "outreach"
meeting has become a defacto City sponsored meeting and a City requirement imposed on the applicant. What would
be the result if the applicant refuses to pay for the costs or refuses to attend the public meeting? Under the current
proposal by Community Development, there could be no adverse consequences to the applicant.
If this outreach meeting were to be imposed as a requirement on development applications, then Community
Development should propose it as a Development Code Amendment, which would require noticed public hearings
before the Planning Commission and the Mayor and Council before adoption.
Henry Empeno,Jr. Entered Into Rec, at MCC/CDC Mtg;,�i 7 r
by.
Senior Deputy City Attorney Agenda Re Nog. '7a
City Attorney's Office by. , --"�—�-�
City Clerk/C C Secretary
300 N. "D" Street, 6th Floor City of San Bemardino
San Bernardino, CA 92418-0001 7 (6)
Phone: (909) 384-5355
Fax: (909) 384-5238
hempeno(@sbcityattorney.org
Confidentiality Note:The contents of this e-mail message and its attachments, if any, are intended solely for the
addressee(s) hereof and constitute a confidential attorney-client communication, and/or constitute confidential
attorney work product. If you are not the named addressee, or if you believe this message has been addressed to you
in error,you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use or rely upon this
information. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to
waive confidentiality. If you have received this transmission in error, please alert the sender by reply e-mail. It is also
requested that you immediately delete this message and its attachments, if any. Thank You.
2
x
065652 to 65659 PLANNING AND LAND US .•_ PLANNING AND ZONI1
Div. 1
Repealed Title
Section 65654, added by Stats.1953, c. 1355, Section 65657, added by Stats.1953, c. 1355E Law
p.2924,§ 2,amended by Stats.1955,c. 1644,p. p.2924,§ 2,derived from former§ 65335,add. Land-use control, externalitie:
2973, § 42; Stats.1957, c. 357, p. 1025, § 74, ed by Stats.1951, c. 334, p. 687, § 1; Stag, affairs. 8 Loy.L.A.L.Rev.432(1
derived from former § 65333, added by Stats. 1947, c. 807, p. 1920, § 72; Stats.1947, c. 868, Local "General Plan" in Cali
1951, c. 334, p. 687, § 1; Stats.1947, c. 807, p. p 2045, § 7, related to the planning commis- Perry,9 San Diego L.Rev. 1 (19:
1920, § 72; Stats.1947, c. 868, p. 2045, § 7, sion report. See Government Code§ 65500 et
related to adoption and hearing. See Govern-
ment Code§ 65500 et seq. seq.
Section 65655, added by Stats.1953, c. 1355, Section 65658, added by Stats.1953, c. 1355, Zoning and Planning«7.1.
p.2924,§ 2,derived from former§ 65334,add- p.2924,§ 2,derived from former§ 65336,add- Westlaw Topic No.414.
ed by Stats.1951, c. 334, p. 687, § 1; Stats. ed by Stats.1951, c. 334, p. 687, § 1; Stats. C.J.S.Zoning and Land Plann
1947, c. 807, p. 1920, § 72; Stats.1947, c. 868, 1947, c. 807, p. 1920, § 72; Stats.1947, c. 868,
p. 2045, § 7, related to the planning p• 2045, § 7, related to failure to report. See
q•
se commis-
sion report. See Government Code § 65500 et Government Code§ 65500 et seq. ALR Library
Section 65656, added by Stats.1953, c. 1355, Section 65659, added by Stats.1953, c. 1355, 53 ALR 5th 1,Applicability of
p. 2924, § 2, related to adoption of the precise p. 2924, § 2, related to application of the chap- tions to Governmental Proje
plan. See Government Code § 65500 et seq. ter. See Government Code § 65500 et seq. 1 ALR 5th 622, Validity of Zc
ting Minimum Lot Size Reqi
Encyclopedias
Article 13 CA Jur. 3d Zoning and Other
§ 27,General Plans.
APPLICABILITY OF CHAPTER CA Jur. 3d Zoning and Other
§ 28, General Plans--Form
General Plans.
Section CA Jur. 3d Zoning and Other
65700. Charter cities. § 58, General Plan Adoptic
65701. City of Industry stadium complex and associated development. ment by Initiative or Referer
65702,65703. Repealed. CA Jur. 3d Zoning and Other
65704. Repealed. § 65, Adoption or Amendrr
65711. Repealed. Plans Subject to Environr
65712 to 65715. Repealed. Exception.
Article 13 was added by Stats.1965, c. 1880, p. 4345, § 5.
Exemption from statutory eleme
General plan 2
§ 65700. Charter cities Ordinances 3
(a) The provisions of this chapter shall not apply to a charter city, except to
the extent that the same may be adopted by charter or ordinance of the city; 1. Exemption from statutory el
Charter cities are not exempt
except that charter cities shall adopt general plans in any case, and such plans elements prescribed by statutes
shall be adopted by resolution of the legislative body of the city, or the planning use plan is adopted under their
commission if the charter so provides, and such plans shall contain the inn land use element,which incl
P P density, circulation element, ar
mandatory elements required by Article 5 (commencing with Section 65300) of ment, which makes adequate
Chapter 3 of this title. housing needs of all economic sE
munity. Dateline Builders, Inc.
(b) Notwithstanding subdivision (a), the provisions of Sections 65590 and Rosa(App. 1 Dist. 1983) 194 Ca
65590.1 shall be applicable to charter cities. Cal.App.3d 520. Zoning And P
(Added by Stats.1965, c. 1880, p. 4345, § 5. Amended by Stats.1971, c. 1803, p. 3904, 2. General plan
§ 2; Stats.1972, c. 251, p. 502, § 4, eff. June 30, 1972; Stats.1982, c. 43, § 4, eff. Feb. General plan of charter city n
ly consistent. Garat v. City of F
17, 1982.) Dist. 1991) 3 Cal.Rptr.2d 504
259, review denied. Zoning A
Historical and Statutory Notes 30
Former Notes was repealed by Stats.1965, c. 1880, P. 4350,
Former § 65700, added by Stats.1953, c. § 8. See Government Code§ 65550. § 65701, City of Indw
1355, p. 2925, § 2, relating to establishment of Derivation
administrative regulations and delegation of ad- Former § 65304, added by Stats.1953, c. Notwithstanding any of
ministrative powers to a planning commission, 1355,p.2914,§ 2, of, and decisions regardi
412
a
x
t
Henry Empeno
From: Henry Empeno
Sent: Friday, October 28, 2011 12:32 PM
To: McNeely—Ch- Andrea Travis-Miller
Cc: Margo Wheeler; Clark_Ra; Mayra Ochiqui; James Penman; Stephanie Easland; Angie
Rodriguez
Subject: 11/7/11 MCC Mtg Agenda Item, General Plan Meeting Outreach Program
To: Mr. McNeely& Ms. Travis-Miller,
I respectfully request that this agenda item submitted by Community Development be withdrawn from the proposed
agenda for the November 7, 2011 Council Meeting. I would have made these comments on the Minute Track system
but I was not listed as a Reviewer. The City Attorney was also deleted as a Reviewer. Community Development did not
consult with me prior to submitting this agenda item.
The Background and Analysis sections are erroneous and omit several fundamental legal principles. The "California
State Planning Law" cited in the Background section regarding the public notice requirements, describes state laws
applicable to general law cities but which are not applicable to charter cities such as the City of San Bernardino, see
Government Code Section 65700(a). San Bernardino Development Code Section 19.52.020 governs notices of public
hearings before the Planning Commission and the Mayor and Council; and while similar to some state laws regulating
notices by general law cities, the Development Code does not have the same requirements.
More importantly, the Analysis section proposes to add requirements to General Plan Amendment applications which
can only be added by a Development Code Amendment. The applicants on any development project, even those not
needing a General Plan Amendment, should always be encouraged by City staff to meet with neighboring property
owners and tenants and the Neighborhood Cluster Associations in the subject area, as early in the process as possible
and especially before the Planning Commission and Council Public Hearings. The applicants can arrange these meetings
on their own, at their expense, with City staff invited to attend to provide information to the interested parties. I have
often attended Neighborhood Cluster Association (NCA) meetings where the applicants and City staff were invited by
the NCA to talk about a proposed project. If City staff formally"requests" these public meetings, sends out notices, and
arranges the time and location of these meetings (even though costs are paid by the applicant), then the "outreach"
meeting has become a defacto City sponsored meeting and a City requirement imposed on the applicant. What would
be the result if the applicant refuses to pay for the costs or refuses to attend the public meeting? Under the current
proposal by Community Development, there could be no adverse consequences to the applicant.
If this outreach meeting were to be imposed as a requirement on development applications, then Community
Development should propose it as a Development Code Amendment, which would require noticed public hearings
before the Planning Commission and the Mayor and Council before adoption.
Henry Empeno, Jr.
Senior Deputy City Attorney
City Attorney's Office
300 N. "D" Street, 6th Floor AYRNJ4 Th4o
San Bernardino, CA 92418-0001 ?
Phone: (909) 384-5355
Fax: (909) 384-5238
hemPeno(@sbcityattorneV.org
Confidentiality Note:The contents of this e-mail message and its attachments, if any,are intended solely for the
addressee(s) hereof and constitute a confidential attorney-client communication, and/or constitute confidential
attorney work product. If you are not the named addressee, or if you believe this message has been addressed to you
in error,you are directed not to read,disclose, reproduce, distribute, disseminate or otherwise use or rely upon this
information. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to
waive confidentiality. If you have received this transmission in error, please alert the sender by reply e-mail. It is also
requested that you immediately delete this message and its attachments, if any. Thank You.
2
GoU�rnY��fi ���
§§65652 to 65659 PLANNING AND LAND US PLANNING AND ZONII
Repealed Title, Div. 1
Section 65654, added by Stats.1953, c. 1355, Section 65657, added by Stats.1953, c 1355 Law
p.2924,§ 2,amended by Stats.1955,c. 1644,p. p.2924,§ 2,derived from former§ 65335 add, Land-use control, externalities
2973, § 42; Stats.1957, c. 357, p. 1025, § 74, ed by Stats.1951, c. 334, p. 687, § 1; StatSi, affairs. 8 Loy.L.A.L.Rev.432(1
derived from former § 65333, added by Stats. 1947, c. 807, P. 1920, § 72; Stats.1947, c. 868, Local "General Plan" in Cali
1951, c. 334, p. 687, § 1; Stats.1947, c. 807, p. p' planning 2045, § 7, related to the lannin commis. Perry,9 San Diego L.Rev. 1 (19;
1920, § 72; Stats.1947, c. 868, p. 2045, § 7,
related to adoption and hearing. See Govern- sion report. See Government Code§ 65500 et
ment Code§ 65500 et seq. seq.
Section 65655, added by Stats.1953, c. 1355, Section 65658, added by Stats.1953, c. 1355. Zoning and Planning a7.1.
p.2924,§ 2,derived from former§ 65334,add- p.2924,§ 2,derived from former§ 65336,add- Westlaw Topic No.414.
ed by Stats.1951, c. 334, p. 687, § 1; Stats. ed by Stats.1951, c. 334, p. 687, § 1; Stats. C.J.S.Zoning and Land Plann
1947, c. 807, p. 1920, § 72; Stats.1947, c. 868, 1947, c. 807, p. 1920, § 72; Stats.1947, c. 868,
p. 2045, § 7, related to the planning commis- p 2045, § 7, related to failure to report. See
sq report. See Government Code § 65500 et Government Code§ 65500 et seq. ALR Library
Section 65656, added by Stats.1953, c. 1355, Section 65659, added by Stats.1953, c. 1355, 53 ALR 5th 1,Applicability of
p. 2924, § 2, related to adoption of the precise P. 2924, § 2, related to application of the chap- tions to Governmental Proje
plan. See Government Code § 65500 et seq. ter. See Government Code § 65500 et seq. 1 ALR 5th 622, Validity of Zc
ting Minimum Lot Size Reqi
Encyclopedias
Article 13 CA Jur. 3d Zoning and Other
§ 27,General Plans.
APPLICABILITY OF CHAPTER CA Jur. 3d Zoning and Other
§ 28, General Plans--Form
General Plans.
Section CA Jur. 3d Zoning and Other
65700. Charter cities. § 58, General Plan Adoptic
65701. City of Industry stadium complex and associated development. ment by Initiative or Referer
65702,65703. Repealed. CA Jur. 3d Zoning and Other
65704. Repealed. § 65, Adoption or Amendn
65711. Repealed. Plans Subject to Environr
65712 to 65715. Repealed. Exception.
i
s
Article 13 was added by Stats.1965, c. 1880, p. 4345, § 5.
Exemption from statutory eleme
General plan 2
§ 65700. Charter cities Ordinances 3
(a) The provisions of this chapter shall not apply to a charter city, except to
the extent that the same may be adopted by charter or ordinance of the city 1. Exemption from statutory el
Charter cities are not exempt
except that charter cities shall adopt general plans in any case, and such plans elements prescribed by statutes
shall be adopted by resolution of the legislative body of the city, or the planning use plan is adopted under their
commission if the charter so provides, and such plans shall contain the inn land use element,which incl
P P density, circulation element, ar
mandatory elements required by Article 5 (commencing with Section 65300) of ment, which makes adequate
housing needs of all economic sc
Chapter 3 Of this title. munity. Dateline Builders, Inc.
(b) Notwithstanding subdivision (a), the provisions of Sections 65590 and Rosa(App. 1 Dist, 1983) 194 Ca
65590.1 shall be applicable to charter cities.
Cal.App.3d 520. Zoning And P
(Added by Stats.1965, c. 1880, p. 4345, § 5. Amended by Stats.1971, c. 1803, p. 3904, 2. General plan
§ 2; Stats.1972, c. 251, p. 502, § 4, eff. June 30, 1972; Stats.1982, c. 43, § 4, eff. Feb. General plan of charter city n
ly consistent. Garat v. City of P
17, 1982.) Dist. 1991) 3 Cal.Rptr.2d 504
259, review denied. Zoning A
Historical and Statutory Notes 30
Former Notes was repealed by Stats.1965, c. 1880, p. 4350,
Former § 65700, added by Stats.1953, c. § 8. See Government Code§ 65550. § 65701, City of Indw
1355, p. 2925, § 2, relating to establishment of Derivation
Notwithstandin an o'
administrative regulations and delegation of ad- Former § 65304, added by Stats.1953, C. g Y
ministrative powers to a planning commission, 1355,p.2914,§ 2. Of, and decisions regardi
412