HomeMy WebLinkAbout31- Planning & Building Services CITY OF SAN BERN ,DINO - REQUEST F( Z COUNCIL ACTION
Frorr• Al Boughey, Director Subject: Development Code Amendment No. 93-15 -
To permit a one time, automatic extension
Dept: Planning & Building Services of time for previously approved CUPS ,
Development Permits and Variances .
Date: December 21, 1993 MCC meeting of January 10, 1994
Synopsis of Previous Council action:
12/20/93 -- The Mayor and Common Council directed Planning staff to prepare an
amendment to the Development Code.
Recommended motion:
That the hearing be closed, the first reading be waived and the ordinance
be laid over for final adoption.
Al Boughe Signature
Contact person: Al Boughey Phone: 5357
Supporting data attached: Staff Report & Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
;ouncil Notes:
15.0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment (DCA No. 93-15) to permit a
one time, automatic two year extension of time for
previously approved Conditional Use Permits, Development
Permits and Variances.
Mayor and Common Council Meeting of January 10, 1994
BACKGROUND
The Governor signed Senate Bill 428 on September 13 , 1993 , which
extended the expiration date of tentative tract and parcel maps
that had not expired on the effective date of the legislation. The
legislation granted a one time, automatic two year extension of
time.
On December 20, 1993 the Mayor and Common Council directed staff to
prepare a Development Code Amendment to allow a similar extension
for Conditional Use Permits, Development Permits and Variances.
KEY POINTS
The State legislation was approved on an urgency basis because
of adverse economic conditions in the construction industry.
Those same adverse conditions affect all development projects.
All applications that would be eligible for this extension
have previously been reviewed pursuant to CEQA.
All aspects of the applicable projects are in compliance with
the provisions of the Development Code with the exception of
those approved with a variance. (Some projects may have been
deemed complete prior to Development Code adoption that are
still valid. )
CEQA STATUS
The Development Code Amendment is not subject to CEQA pursuant to
Section 15061, the general rule which states " . . .that CEQA applies
only to projects which have the potential for causing a significant
effect on the environment. Where it can be shown 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. "
Extending the expiration date of previously approved development
projects will not affect the environment.
DCA No. 93-15
MCC Mtg. of 1/10/94
Page 2
PLANNING COMMISSION RECOMMENDATION
At their meeting of December 14 , 1993 the Planning Commission voted
(5-0) to recommend adoption of Development Code Amendment No. 93-
15.
RECOMMENDATION
Staff recommends that the Mayor and Common Council approve
Development Code Amendment No. 93-15 based on the Findings of Fact,
to allow a one time, automatic two year extension of time for
previously approved development projects.
Attachment 111" Planning Commission Staff Report
"A" Findings of Fact
112" Ordinance
ATTACHMENT "1"
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #4
SUMMARY HEARING DATE December 14. 1993
WARD City-wide
[APPLICANT: City of San Bernardino
W N Development Code Amendment No. 93-15 NER: N/A
V
To permit a one time, automatic two year extension of time on previously
N
Uj approved Conditional Use Permits, Development Permits and Variances that
were still valid as of September 13, 1993,
Uj This amendment would be applicable city-wide,
W
cc
Q
EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
N/A
GEOLOGIC/SEISMIC ❑=No L D HAZARD ❑ YES ❑ ZONE A SEWERS: OYES
HAZARD ZONE: ❑ : ❑ NO ❑ ZONE B ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT ❑ YES
HAZARD ZONE: ❑ NO CRASH ZONE: PROJECT AREA:
❑ NO ❑ NO
J ® "JOT ❑ POTENTIAL SIGNIFICANT Z ® APPROVAL
Q APPLICABLE EFFECTS WITH O
H MITIGATING MEASURES
L W Z V) NO E.I.R. < ❑ CONDITIONS
Z ❑ EXEMPT ❑ E.I.R. REQUIRED BUT NO W Z
Z G SIGNIFICANT EFFECTS Q W ❑ DENIAL
OZ WITH MITIGATING H M
IZ U: MEASURES N M ❑ CONTINUANCE TO
Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS O
EFFECTS SEE ATTACHED E.R.C. V
W W
MINUTES
CM of w.sap"Umm
`rWPp ^"'rftG3E"CF_S PLM-9.02 PAGE 1 OF 1 (1.90)
DEVELOPMENT CODE AMENDMENT NO. 93-15
AGENDA ITEM NO. 4
HEARING DATE: December 14, 1993
Page 1
REQUEST
Development Code Amendment (DCA) No. 93-15 would allow a one time,
automatic two year extension of time on Conditional Use Permits,
Development Permits and Variances which were previously approved
and valid as of September 13 , 1993 .
Sections 19. 36. 070, 19.44 . 070 and 19.72 . 080 of the Development Code
pertaining to the expiration dates for conditional use permits
(CUP) , development permits (DP) and variances would be amended to
add language to this effect.
BACKGROUND
On September 13 , 1993 , the Governor approved Senate Bill 428 which
extended the expiration date of tentative tract maps and parcel
maps that had not expired on the effective date of the legislation.
This automatic, 24 month extension was in addition to any other
extensions permitted pursuant to the Subdivision Map Act.
SB 428 was adopted on an urgency basis because of adverse economic
conditions in the construction industry.
The state legislation only extended tentative tracts and parcel
maps and did not address related development projects. We have a
number of conditional use permits and development permits that were
approved concurrent with, or shortly after, tentative tracts and
parcel maps. For projects in the Hillside Management Overlay
District, we require a concurrent conditional use permit.
Through DCA No. 93-07, the first phase of the Development Code
revisions, the initial term for conditional use permits and
development permits is being changed to two years from one year.
There is no change to the one time, one year extension of time
provision. This will apply to projects approved after the
effective date of the ordinance, early 1994 , and will not affect
previously approved projects.
ANALYSIS
Applicants spend a considerable amount of time and money preparing
plans and miscellaneous environmental studies so that their
application can be processed, and approved. Current economic
conditions and unforseen circumstances have precluded many
applications from going forward, after project approval.
With the automatic extension by the state for tentative tract maps
and parcel maps, staff feels that related CUPS or DPs should also
be extended, for the same reason. In addition, staff recommends
DEVELOPMENT CODE AMENDMENT NO. 93-15
AGENDA ITEM NO. 4
HEARING DATE: December 14, 1993
Page 2
that all valid development projects receive the extension, even if
they are not tied to a tentative tract map or parcel map. These
projects are affected by the same economic conditions.
Variances have been included because they are directly tied to a
development through a conditional use permit or development permit.
All tentative tracts, parcel maps, conditional use permits,
development permits and variances are subject to CEQA. Some are
determined to be exempt from CEQA for various reasons, while others
require the preparation of an Initial Study to determine if there
will be impacts, and, if so, identify appropriate mitigation. The
Initial Study addresses impacts from the project itself, and
impacts in conjunction with other projects (cumulative impacts) .
The environmental review is completed prior to action by the
Development Review Committee or Planning Commission. All projects
that would be subject to this automatic extension have gone through
the environmental review process. In all instances, the review
authority has either certified an Environmental Impact Report,
adopted a Negative Declaration, approved Mitigation Monitoring,
recognized an Exemption, or a combination of these actions.
In addition to environmental review, all projects are reviewed for
consistency with the General Plan and Development Code. Throughout
the General Plan are goals, objectives and policies pertaining to
growth and development in the City. In particular, the Land Use
Element addresses the types and distribution of land uses; the
Housing Element addresses the provision of housing; and the
Economic Element addresses the development of commercial, office
and industrial uses to serve the community and to provide jobs.
With the exception of projects approved with a variance, all
aspects of the projects are in compliance with the provisions of
the Development Code. Staff does not anticipate any upcoming
revisions to the Code which would make these projects inconsistent.
Please note that there may be some projects that were deemed
complete prior to Development Code adoption that are still valid,
but may not be completely consistent with current Code standards.
CEOA STATUS
Extending the expiration of previously approved projects by two
years will not affect the environmental review completed for the
project nor the environment. The Development Code Amendment is
therefore not subject to CEQA pursuant to Section 15061, the
general rule which states ". . .that CEQA applies only to projects
which have the potential for causing a significant effect on the
environment. Where it can be shown that there is no possibility
DEVELOPMENT CODE AMENDMENT NO. 93-15
AGENDA ITEM NO. 4
HEARING DATE: December 14, 1993
Page 3
that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. "
PROPOSED LANGUAGE
Sections 19. 36. 070, Conditional Use Permit Expiration; 19.44 . 070,
Development Permit Expiration; and 19.72 . 080, Variance Expiration
will be amended to include the following language:
Any Conditional Use Permit, Development Permit, Variance that was
still valid as of September 13, 1993 is automatically extended for
a two year period of time until September 13 , 1995.
CONCLUSION
Staff feels that a one time, two year extension of time for
previously approved projects is consistent with the intent of the
General Plan. It also demonstrates that the City recognizes the
current economic conditions and seeks to provide a certain amount
of relief. Since all affected projects have previously received
environmental review, adopting an ordinance to extend the
expiration date of the projects could not possibly affect the
environments, and this DCA is not subject to CEQA.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the
Mayor and Common Council approve Development Code Amendment No. 93-
15, to allow a one time, automatic two year extension of time for
all previously approved conditional use permits, development
permits and variances that were valid as of September 13, 1993.
The amendment should also apply to all projects that were valid on
that date, but would have expired between September 13, 1993 and
the effective date of the ordinance.
RRe]�spectfu Submitted,
lJ�
A Bou , I
Direc or
V�eucJ G,��-
Valerie C. Ross
Principal Planner
Attachment "A" Findings of Fact
DEVELOPMENT CODE AMENDMENT NO. 93-15
AGENDA ITEM NO. 4
HEARING DATE: December 14, 1993
Page 4
ATTACHMENT "A"
FINDINGS OF FACT
1. The proposed amendment is consistent with the intent of the
General Plan in that the General Plan addresses land uses and
the provision of housing and jobs. This amendment will help
the City to realize those goals.
2. The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City
in that the amendment itself does not result in any physical
changes to the environment. In addition, it is beneficial to
the public interest in that it helps to promote housing and
jobs as addressed in the previous finding.
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19. 36. 070, 19 . 44 . 070 AND 19 . 72 . 080 OF THE SAN BERNARDINO MUNICIPAL
3 CODE (DEVELOPMENT CODE) TO GRANT A ONE TIME, AUTOMATIC TWO YEAR
EXTENSION OF TIME FOR PREVIOUSLY APPROVED DEVELOPMENT APPLICATIONS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 19 . 36 CONDITIONAL USE PERMITS [see
7 Attachment A, Page IV-9, of the Development Code, attached hereto
8 and incorporated herein by reference] :
9 A. Amend Section 19 . 36. 070 CONDITIONAL USE PERMIT EXPIRATION
10 to add the following paragraph:
11 "Any previously approved Conditional Use Permit that had not
12 expired as of September 13 , 1993 shall be extended for two years.
13 This automatic extension of time is a one time extension from
14 September 13 , 1993 and is in addition to the time granted under the
15 initial approval of the Conditional Use Permit or any subsequent
16 approval of an extension of time. "
17 SECTION 2 . Chapter 19 . 44 DEVELOPMENT PERMITS [see Attachment
18 B, Page IV-21, of the Development Code, attached hereto and
19 incorporated herein by reference] :
A. Amend Section 19.44 . 070 DEVELOPMENT PERMIT EXPIRATION to
20
21 add the following paragraph:
22 "Any previously approved Development Permit that had not
23 expired as of September 13 , 1993 shall be extended for two years.
This automatic extension of time is a one time extension from
24
25 September 13 , 1993 and is in addition to the time granted under the
26 initial approval of the Development Permit or any subsequent
27 approval of an extension of time. "
28
1
1 SECTION 3 . Chapter 19 . 72 VARIANCES [see Attachment C,
2 Page IV-82 , of the Development Code, attached hereto and
3 incorporated herein by reference] :
4 A. Amend Section 19 . 72 . 080 VARIANCE EXPIRATION to add the
5 following paragraph:
6 "Any previously approved Variance that had not expired as of
7 September 13 , 1993 shall be extended for two years. This automatic
8 extension of time is a one time extension from September 13 , 1993
9 and is in addition to the time granted under the initial approval
10 of the Variance or any subsequent approval of an extension of
11 time. "
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1 ORDINANCE. . .TO AMEND SECTIONS 19 . 36. 070, 19 . 44 . 070 AND 19 . 72 . 080 OF
THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A ONE
2 TIME, AUTOMATIC TWO YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVED
DEVELOPMENT APPLICATIONS.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of , 1994 , by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
16
17
18 City Clerk
19 The foregoing ordinance is hereby approved this day
20 of , 1994 .
21
22 Tom Minor, Mayor
23 City of San Bernardino
Approved as to
24 form and legal content:
JAMES F. PENMAN,
25
City Attorney
26 By:
27
28
3
r in.,iu inn
CONDI- NAL USE PERMITS-1936
19.36.070 CONDITIONAL USE PERMIT EXPIRATION
A Conditional Use Permit shall be exercised by the commencement of construction
within 1 year from the date of approval or the Conditional Use Permit shall become
null and void. In addition, if after commencement of construction, work is discon-
tinued for a period of one year, then the Conditional Use Permit shall become null and
void. Projects may be built in phases if preapproved by the review authority. If a
project is built in preapproved phases, each subsequent phase shall have 1 year from
the previous phase's date of construction commencement to the next phase's date of
construction commencement to have occurred, or the Conditional Use Permit shall be-
come null and void.
Any previously approved Conditional Use Permit that had not expired
as of September 13 , 1993 shall be extended for two years. This
automatic extension of time is a one time extension from September
13 , 1993 and is in addition to the time granted under the initial
approval of the Conditional Use Permit or any subsequent approval
of an extension of time.
19.36.080 MODIFICATION OF CONDITIONAL USE PERMIT
An approved Conditional Use may be modified, in a manner pursuant to Chapter 19.32
(Applications and Fees). Minor modifications to an approved Conditionl Use may be
approved by the Director,pursuant to Section 19.60 (Minor Modifications).
19.36.90 TIME EXTENSION
The Commission may, upon an application being filed 30 days prior to expiration and
for good cause, grant a time extension not to exceed 12 months. Upon granting of an ex-
tension, the Commission shall ensure that the Conditional Use Permit complies with all
current Development Code provisions.
19.36.100 REVOCATION
The Commission may hold a hearing to revoke or modify a Conditional Use Permit
granted pursuant to the provisions of this Chapter. Ten days prior to the hearing,
notice shall be delivered in writing to the applicant and/or owner of the property for
which such Conditional Use Permit was granted. Notice shall be deemed delivered 2
days after being mailed, first class postage paid, to the owner as shown on the current
tax rolls of the County of San Bernardino, and/or the project applicant.
A Conditional Use Permit may be revoked or modified by the Commission if any 1 of
the following findings can be made:
1. That circumstances have changed so that 1 or more of the findings contained
in Section 19.46.050 can no longer be made;
rv-9 1/92
ATTACHMENT "B"
DE '.OPMENr PERMITS-19.44
6. There are no significant harmful effects upon the environmental quality
and natural resources;
7. The negative impacts of the proposed use shall be mitigated;
8. The proposed use is consistent with the General Plan; and
9. The proposed location, size, design, and operating characteristics of the
requested use are not detrimental to the public interest, health, safety, con-
venience, or welfare of the City.
19.44.070 DEVELOPMENT PERMIT EXPIRATION
Within 1 year of Development Permit approval, commencement of construction shall
have occurred or the permit shall become null and void. In addition, if after commence-
ment of construction, work is discontinued for a period of one year, then the Develop-
ment Permit shall become null and void. Projects may be built in phases if preap-
proved by the review authority. If a project is built in preapproved phases, each
subsequent phase shall have 1 year from the previous phase's date of construction com-
mencement to the next phase's date of construction commencement to have occurred,
or the Development Permit shall become null and void.
Any previously approved Development Permit that had not expired as
of September 13 , 1993 shall be extended for two years. This
automatic extension of time is a one time extension from September
13 , 1993 and is in addition to the time granted under the initial
approval of the Development Permit or any subsequent approval of an
extension of time.
19.44.080 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Development Permit until, and unless, the same shall have become final,pursuant to
Section 19.52.080 (Effective Date).
19.44.090 MODIFICATION OF DEVELOPMENT PERMIT
An approved development may be modified, in a manner pursuant to Chapter 19.32
(Applications and Fees). Minor mr =ifications to an approved development may be ap-
proved by the Director, pursuant to erection 19.60 (Minor Modifications).
19.44.100 TIME EXTENSION
The review authority may, upon an application being filed 30 days prior to expiration
and for good cause, grant a time extension not to exceed 12 months. Upon granting the
extension, the review authority shall ensure that the Development Permit complies with
all current Development Code provisions.
rv-n 5191
VARIANCES-19.72
19.72.060 PRECEDENTS
The granting of a prior Variance is not admissible evidence for the granting of a new
Variance.
19.72.070 BURDEN OF PROOF
The burden of proof to establish the evidence in support of the findings, as required by
Section 19.72.050, is the responsibility of the applicant.
19.72.080 VARIANCE EXPIRATION
A Variance shall be exercised within 1 year from the date of approval, or the Variance
shall become null and void.
Any previously approved Variance that had not expired as of
September 13 , 1993 shall be extended for two years. This automatic
extension of time is a one time extension from September 13 , 1993
and is in addition to the time granted under the initial approval
of the Variance or any subsequent approval of an extension of time.
19.72.090 TIME EXTENSION
The Commission may, upon an application being filed 30 days prior to expiration and
for good cause, grant a time extension not to exceed 12 months. Upon granting of an ex-
tension, the Commission shall ensure that the Variance complies with all current
Development Code provisions.
19.72.100 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Variance until, and unless, the same shall have become final,pursuant to Section
19.52.080 (Effective Date).
19.72.110 REVOCATION
The Commission may hold a public hearing to revoke or modify a Variance granted
pursuant to the provisions of this Chapter. Ten days prior to the public hearing,notice
shall be delivered in writing to the applicant and/or owner of the property for which
such Variance was granted. Notice shall be deemed delivered 2 days after being
mailed,first class postage paid, to the owner as shown on the current tax rolls of the
County of San Bernardino, and/or the project applicant.
IV-82 5/91