Loading...
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 U R 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) v 0 z c Q E M U) w c CD E v m w w Q LPacket Pg. 717 7.B.b @�g�RNARD,N� AV 01 Ell C W 0 r � °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