HomeMy WebLinkAboutMC-1436 Adopted: December 21, 2016
Effective: January 21, 2017
1 ORDINANCE NO. MC-1436
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION TO
3 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT _ (CEQA) AND
4 APPROVING DEVELOPMENT CODE AMENDMENT 16-09 AMENDING
CHAPTER 19.06 (COMMERCIAL ZONES), SECTION 19.06.010(2)(G)
5 (COMMERCIAL REGIONAL, TRI-CITY/CLUB ZONE), SECTION 19.06.020(E)(3)
(DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES)
6 (EATING/DRINKING ESTABLISHMENTS)(RESTAURANTS WITH DRIVE-THRU),
7 AND SECTION 19.06.030(2)(H)(1) (DEVELOPMENT STANDARDS)(SPECIFIC
STANDARDS FOR COMMERCIAL ZONES)(DRIVE-THRU RESTAURANTS) OF
8 THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
9
10 WHEREAS, the current City of San Bernardino Development Code was initially
11 implemented in 1991; and
12 WHEREAS, on October 19, 2016, the Planning Commission of the City of San
Bernardino held a noticed public hearing to consider public testimony and the staff report, and
13
adopted Resolution No. 2016-057 recommending adoption of the Categorical Exemption and
14 the approval of Development Code Amendment 16-09 to the Mayor and Common Council;
15 and
16 WHEREAS, notice of the public hearing for the Mayor and Common Council's
17 consideration of the proposed Ordinance was published in The Sun newspaper on November
18 25, 2016.
19 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
20 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
21
SECTION 1. The City Council find that the above-stated Recitals are true and hereby
22 adopt and incorporate them herein.
23
24 SECTION 2. Findings of Fact—Development Code Amendment 16-09.
25 Finding No. 1: The proposed amendment is consistent with the General Plan.
26 Finding of Fact: The City initiated decision was made to remove the locational
27 restriction for restaurants with drive-thru facilities after receiving
28 several inquiries regarding drive-thru facilities throughout the
- I-
1 Commercial Regional (CR-3) zone over the course of the last few
2 years. Additionally, many of the nationally recognized and highly
3 sought out "fast casual" restaurants are expanding their operations to
allow drive-thru facilities to their customers. With this in mind, General
4 Plan Economic Development Policy 4.5.2 states that the City should:
5 Maintain and enhance commercial regional cores and economically
6 sound community-serving commercial concentrations by attracting new
7 regional outlets, maintaining the existing regional retail base, and
8 stabilizing the future regional retail base. By allowing the market
9 demand to drive the type of development permitted in the commercial
10 regional cores, the City will comply with this General Plan Policy.
Further, any future proposals for restaurants with drive-thru facilities
11
will be evaluated to determine whether the specific location is
12 appropriate and compatible with the zoning designation and the
13 surrounding area, and all such proposals shall be conditioned to comply
14 with environmental and development standards. Therefore, the
15 proposed ordinance is consistent with the City's General Plan.
16 Finding No. 2: The proposed amendment would not be detrimental to the public
17 interest, health, safety, convenience, or welfare of the City.
18 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the removal of
19
the locational restriction for restaurants with drive-thru facilities will
20 increase the convenience to residents and consumers within the City
21 and any future proposals for restaurants with drive-thru facilities will be
22 reviewed and conditioned to ensure compliance with environmental and
23 development standards, as well as health, safety, and welfare concerns.
24
25 SECTION 3. — Section 19.06.010(2)(G) CR-3 (Commercial Regional Tri-City/Club)
26 Zone is proposed to be amended by the following deletions:
(1) This zone is intended to permit a diversity of regional-serving uses including
27
corporate and professional offices, retail commercial, entertainment (theater,
28
- 2-
1
nightclubs, etc.), financial establishments, restaurants eve thfus setAh , f the
_ .., ...,... ..�:.....,. .., i.t.t".�°,vwiv., v'ciiac–vcc�'cen-rivsprcccm7^Lccin—and�ry
2
ems-hotels/motels, warehouse/promotional retail, supporting retail and
3 services, and similar uses.
4
5 SECTION 4. - Superscript number 3 will be removed from Section 19.06.020(E)(3)
6 Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally
7 Permitted Uses) as follows:
8 (1) South-ef the 1 10 and edjaeen� te-Tippeeanee Avefiue, between Hespitality
9 haiie and 1 10 only.
10
11 SECTION 5. -Section 19.06.030(2)(H)(1) (Development Standards) (Specific
Standards for Commercial Zones) (Drive-Thru Restaurants) is to be amended by the following
12 deletions:
13 (1) H. Establishments providing drive-thru facilities may be permitted in the CG-
14 1, CG-2, CG-3, CG-4, CR-2 (on properties in the Freeway Corridor Overlay
15 Zone with frontage on 5th Street only) and CR-3 (south of the I-10 and adjacent
16 to Tippecanoe Avenue, between Hospitality Lane and I-10 only) zones.
17
18 SECTION 6. Compliance with the California Environmental Quality Act.
19 The Mayor and Common Council has independently reviewed, analyzed and exercised
judgment in finding that Development Code Amendment 16-09 is exempt under §15061(b)(3)
20 Review for Exemption) of the California Environmental
( p ' ) Quality Act due to the fact that the
21 proposed Ordinance will not create significant effects on the environment. The Planning
22 Division of the Community Development Department is hereby directed to file a Notice of
23 Exemption with the County Clerk of the County of San Bernardino certifying the City's
24 compliance with California Environmental Quality Act in adopting the Categorical
25 Exemption.
26
27 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Resolution or any part thereof is for any reason held to be
28
- 3-
1 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
2 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
part thereof. The Mayor and Common Council hereby declares that it would have adopted
3 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
4 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
5 ///
6 ///
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4-
1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION TO THE
2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING
DEVELOPMENT CODE AMENDMENT 16-09 AMENDING CHAPTER 19.06
3 (COMMERCIAL ZONES), SECTION 19.06.010(2)(G) (COMMERCIAL REGIONAL,
4 TRI-CITY/CLUB ZONE), SECTION 19.06.020(E)(3) (DEVELOPMENT PERMITTED
AND CONDITIONALLY PERMITTED USES) (EATING/DRINKING
5 ESTABLISHMENTS)(RESTAURANTS WITH DRIVE-THRU), AND SECTION
19.06.030(2)(H)(1) (DEVELOPMENT STANDARDS) (SPECIFIC STANDARDS FOR
6 COMMERCIAL ZONES)(DRIVE-THRU RESTAURANTS) OF THE
7 DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
8
9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
10 Wh day of December, 2016, by the following vote to wit:
11
12 Council Members: AYES NAYS ABSTAIN ABSENT
13 MARQUEZ x
BARRIOS
14 VALDIVIA x
15 SHORETT X
16 NICKEL x —
RICHARD x
17 MULVIHILL x
18
20
George Hanna, 4AC, City Clerk
21 '��
The foregoing Ordinance is hereby adopted this day of December, 2016.
22
23
24 R. Carey Dav' , Mayor
25 City of San Bernardino
Approved as to form:
26 Gary D. Saenz, City Attorney
27
28 By: clutt, Llt-�
- 5-