HomeMy WebLinkAbout06.A- Community Development 6.A
ORDINANCE (ID # 4735) DOC ID: 4735
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Zoning/Land Use
From: Mark Persico M/CC Meeting Date: 12/05/2016
Prepared by: Oliver Mujica,
Dept: Community Development Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino, California
Adopting a Categorical Exemption and Approving Development Code Amendment 16-
09 Amending Chapter 19.06 (Commercial Zones), Section 19.06.010(2)(G)
(Commercial Regional, Tri-City/Club Zone), Section 19.06.020(E)(3) (Development
Permitted and Conditionally Permitted Uses) (Eating/Drinking
Establishments)(Restaurants with Drive-Thru), and Section 19.06.030(2)(H)(1)
(Development Standards)(Specific Standards for Commercial Zones)(Drive-Thru
Restaurants) of the Development Code (Title 19) of the City of San Bernardino
Municipal Code.
Current Business Registration Certificate:
Financial Impact:
There will be no fiscal impact as a result of this action.
Public Hearing:
A public hearing has been set before the Mayor and Common Council for a
Development Code Amendment pursuant to SBMC 19.42.020.
Recommendation: That the Mayor and Common Council:
1) Receive report on the proposed ordinance from City staff;
2) Ask questions of City staff regarding the proposed ordinance;
3) Open the Public Hearing and take testimony from members of the public;
4) Deliberate.
Motion: Close the Public Hearing ; and,
Approve the introduction of the Ordinance (Attachment 1) and direct City
staff to schedule the second reading and adoption of the Ordinance on the
consent calendar of the next regularly scheduled meeting of the Mayor
and Common Council.
Synopsis of Previous Council Action
None
Background
On October 19, 2016, the Planning Commission adopted Resolution No. 2016-057 forwarding a
Updated: 11/30/2016 by Georgeann "Gigi" Hanna I Packet Pg. 266
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recommendation that the Mayor and Common Council:
1) Adopt the Categorical Exemption; and
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2) Approve Development Code Amendment 16-09 allowing drive-thru restaurants in the
CR-3 zone subject to approval of a conditional use permit.
Analysis
Over the past few years, staff received numerous inquiries from "fast casual" restaurants (e.g.
Chipotle, Panera Bread and Habit Burger) regarding locating drive-through restaurants along
Hospitality Lane. Hospitality Lane is zoned CR-3 and there are currently numerous restrictions
that limit or prohibit drive-thru restaurants. The original intention of these locational restrictions
was to encourage and promote more formal sit-down dining establishments, but Staff
recognizes that the market has changed over time and "fast casual" with a drive thru lane is the
trend. In fact, many operators are closing locations that do not have a drive-thru. Staff
recognizes there is an opportunity to meet the growing trend by deleting the locational
restrictions from the Commercial Regional (CR-3) zone. Hospitality Lane is one of the City's
most successful commercial area and the proposed changes would allow the operators to
determine where drive-thru facilities would be most appropriate. These uses would still be
required to comply with all other development standards and obtain approval of a conditional
use permit from the Planning Commission.
Under Development Code Amendment 16-09, the Development Code will be amended as
follows:
(1) Section19.06.010(2)(G) CR-3 (Commercial Regional Tri-City/Club) Zone
This zone is intended to permit a diversity of regional-serving uses including
corporate and professional offices, retail commercial, entertainment (theater,
nightclubs, etc.), financial establishments, restaurants (drive thFus selith of the I-
10 and adjaGeRt to Tinnoronee 4yeRye between Hospitality I n Rd 1 10 nnl )
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hotels/motels, warehouse/promotional retail, supporting retail and services, and
similar uses.
(2) Superscript number 3 will be removed from Section 19.06.020(E)(3) Table 06.01
(Commercial Zones List of Permitted, Development Permitted and Conditionally
Permitted Uses)
South of the 1-10 and adjacent to TippeGa;ee-AveRYe hotWeeR He vitality I aRe
and 1 10 GRIY.
(3) Section 19.06.030(2)(H)(1) (Development Standards)(Specific Standards for
Commercial Zones)(Drive-Thru Restaurants)
H. Establishments providing drive-thru facilities may be permitted in the CG-1,
CG-2, CG-3, CG-4, CR-2 (on properties in the Freeway Corridor Overlay Zone
with frontage on 5th Street only) and CR-3 (seuth of the 1.10 and adjaGeRt t„
TinneGaReeAVeRi e betweeR Hospitality 1 aRe and 1_10 nnl„) zones.
Drive thru restaurants - and all drive thru facilities - would still be subject to approval of a
Updated: 11/30/2016 by Georgeann "Gigi" Hanna I Packet Pg.267
4735
conditional use permit by the Planning Commission, which would allow the City to apply
conditions to eliminate potential negative impacts.
The Planning Division recognizes that the current Development Code standard for the
Commercial Regional (CR-3) zone limiting location of drive-thru restaurants was initiated in an
attempt to encourage sit-down restaurants in an area of the City designated for corporate and
professional offices and similar uses. However, staff initiated the proposed amendment with the
understanding that better criteria will achieve the same goal. The change also allows the City to
attract desirable national chains, which will ultimately create an economic benefit for the City
and Hospitality Lane.
California Environmental Quality Act
In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act
(CEQA), the Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 16-09 and concluded that the project is exempt
under §15061(b)(3) (Review for Exemption) of CEQA. A project is exempt from CEQA when it
can be seen with certainty that there is no possibility that the activity will have a significant effect
on the environment.
Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption
for Development Code Amendment 16-09 was published on October 8, 2016 for the CEQA-
mandated ten (10) day public review and comment period. No written or verbal comments were
received as of the date of the preparation of this Staff Report. A Notice of Exemption will be filed
with the County Clerk.
Supporting Documents
Attachment 1: Ordinance
Attachment 2: Planning Commission Resolution No. 2016-057
Attachment 3: Legal Ad
City Attorney Review:
Supporting Documents:
Attachment 1 - Ordinance (DOC)
Attachment 2 - Planning Resolution No. 2016-057 (PDF)
Attachment 3 - Display Ad (PDF)
Updated: 11/30/2016 by Georgeann "Gigi" Hanna Packet Pg. 268
1 ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION AND
3 APPROVING DEVELOPMENT CODE AMENDMENT 16-09 AMENDING L
4 CHAPTER 19.06 (COMMERCIAL ZONES), SECTION 19.06.010(2)(G)
(COMMERCIAL REGIONAL, TRI-CITY/CLUB ZONE), SECTION 19.06.020(E)(3)
5 (DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES) o
(EATING/DRINKING ESTABLISHMENTS)(RESTAURANTS WITH DRIVE-THRU),
6 AND SECTION 19.06.030(2)(H)(1) (DEVELOPMENT STANDARDS)(SPECIFIC
7 STANDARDS FOR COMMERCIAL ZONES)(DRIVE-THRU RESTAURANTS) OF
THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE.
8 N
9 WHEREAS, the current City of San Bernardino Development Code was initially o
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implemented in 1991; and
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11 WHEREAS, on October 19, 2016, the Planning Commission of the City of San E
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12 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
adopted Resolution No. 2016-057 recommending adoption of the Categorical Exemption and
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14 the approval of Development Code Amendment 16-09 to the Mayor and Common Council; U
and d
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WHEREAS, notice of the public hearing for the Mayor and Common Council's c
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16 consideration of the proposed Ordinance was published in The Sun newspaper on November
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17 25, 2016. M
18 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
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19 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: c
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21 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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22 are true and hereby adopt and incorporate them herein.
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23 SECTION 2. Findings of Fact—Development Code Amendment 16-09. r
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Finding No. 1: The proposed amendment is consistent with the General Plan.
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Finding of Fact: The City initiated decision was made to remove the locational
26 a
restriction for restaurants with drive-thru facilities after receiving
27 several inquiries regarding drive-thru facilities throughout the
28 Commercial Regional (CR-3) zone over the course of the last few
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1 years. Additionally, many of the nationally recognized and highly
2 sought out "fast casual" restaurants are expanding their operations to
allow drive-thru facilities to their customers. With this in mind, General
3 Plan Economic Development Policy 4.5.2 states that the City should:
4 Maintain and enhance commercial regional cores and economically >
5 sound community-serving commercial concentrations by attracting new °
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6 regional outlets, maintaining the existing regional retail base, and
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7 stabilizing the future regional retail base. By allowing the market P
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8 demand to drive the type of development permitted in the commercial N
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9 regional cores, the City will comply with this General Plan Policy.
Further, any future proposals for restaurants with drive-thru facilities 9
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will be evaluated to determine whether the specific location is m
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appropriate and compatible with the zoning designation and the 0
12 surrounding area, and all such proposals shall be conditioned to comply Q
13 with environmental and development standards. Therefore, the o
14 proposed ordinance is consistent with the City's General Plan.
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15 Finding No. 2: The proposed amendment would not be detrimental to the public Q
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16 interest,health, safety, convenience, or welfare of the City.
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Finding of Fact: The proposed amendment will not be detrimental to the public interest, °
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health, safety, convenience, or welfare of the City in that the removal of ti
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the locational restriction for restaurants with drive-thru facilities will a�
19 C
increase the convenience to residents and consumers within the City c
20 and any future proposals for restaurants with drive-thru facilities will be o
21 reviewed and conditioned to ensure compliance with environmental and '
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22 development standards, as well as health, safety, and welfare concerns. E
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SECTION 3. — Section 19.06.010 2 G CR-3 (Commercial Regional Tri-Cit /Club 24 Q
25 Zone is proposed to be amended by the following deletions: E
26 (1) This zone is intended to permit a diversity of regional-serving uses including r
corporate and professional offices, retail commercial, entertainment (theater,
a
27
nightclubs, etc.), financial establishments, restaurants (drive d. as south of the
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1 .. .,....j aeent to i aYYvvuiivv Avei+He between Hespital4y Lane and 1 10
2 ems},—hotels/motels, warehouse/promotional retail, supporting retail and
services, and similar uses.
3
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4 SECTION 4. – Superscript number 3 will be removed from Section 19.06.020(E)(3) >
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5 Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally °
6 Permitted Uses) as follows:
7 (1) South of P-1 10 and djaeent to—Trippeeanec Avenue, betkvee nHospitm4y L
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SECTION 5.–Section 19.06.030(2)(H)(1) (Development Standards) (Specific 9
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Standards for Commercial Zones) (Drive-Thru Restaurants) is to be amended by the following
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deletions:
12 (1) H. Establishments providing drive-thru facilities may be permitted in the CG- a
13 1, CG-2, CG-3, CG-4, CR-2 (on properties in the Freeway Corridor Overlay c
14 Zone with frontage on 51h Street only) and CR-3 (south of the I-10 and adjacent
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15 to Tippecanoe Avenue,between Hospitality Lane and I-10 only) zones. a
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SECTION 6. Compliance with the California Environmental Quality Act. °
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The Mayor and Common Council has independently reviewed, analyzed and exercised r-
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judgment in finding that Development Code Amendment 16-09 is exempt under §15061(b)(3)
19 (Review for Exemption) of the California Environmental Quality Act due to the fact that the
20 Ordinance will not create significant effects on the environment. The Planning 0
proposed g g O
21 Division of the Community Development Department is hereby directed to file a Notice of
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22 Exemption with the County Clerk of the County of San Bernardino certifying the City's E
23 compliance with California Environmental Quality Act in adopting the Categorical y
Exemption. a
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26 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
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27 clause or phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
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1 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
2 part thereof. The Mayor and Common Council hereby declares that it would have adopted
each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
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clauses, or phrases be declared unconstitutional, invalid, or ineffective. s
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6.A.a
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION AND
2 APPROVING DEVELOPMENT CODE AMENDMENT 16-09 AMENDING
CHAPTER 19.06 (COMMERCIAL ZONES), SECTION 19.06.010(2)(G)
3 (COMMERCIAL REGIONAL, TRI-CITY/CLUB ZONE), SECTION 19.06.020(E)(3)
(DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES)
4 (EATING/DRINKING ESTABLISHMENTS)(RESTAURANTS WITH DRIVE-THRU),
5 AND SECTION 19.06.030(2)(H)(1) (DEVELOPMENT STANDARDS) (SPECIFIC o
STANDARDS FOR COMMERCIAL ZONES)(DRIVE-THRU RESTAURANTS) OF
6 THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO
7 MUNICIPAL CODE.
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8 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
9 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
day of , 2016,by the following vote to wit:
10 -
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Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ E
13 BARRIOS D
14 VALDIVIA U
SHORETT
15 NICKEL o
16 RICHARD >
17 MULVIHILL °.
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19 Georgeann Hanna, City Clerk
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The foregoing Ordinance is hereby adopted this day of , 2016.
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R. CAREY DAVIS, Mayor Q
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Approved as to form: City of San Bernardino
25 Gary D. Saenz, City Attorney
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27 By:
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RESOLUTION NO.2016-057-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR
AND COMMON COUNCIL THE ADOPTION OF A CATEGORICAL
y EXEMPTION AND APPROVAL OF DEVELOPMENT CODE
AMENDMENT 16-09 TO AMEND CHAPTER 19.06 (COMMERCIAL
3 ZONES), SECTION 19.06.010(2)(G) (COMMERCIAL REGIONAL, TRI-
CITY/CLUB ZONE), SECTION 19.06.020(E)(3) (DEVELOPMENT
N PERMITTED AND CONDITIONALLY PERMITTED USES)
T (EATING/DRINKING ESTABLISHMENTS)(RESTAURANTS WITH
DRIVE-THRU), AND SECTION 19.06.030(2)(H)(1) (DEVELOPMENT
3 STANDARDS) (SPECIFIC STANDARDS FOR COMMERCIAL
ZONES)(DRIVE-THRU RESTAURANTS)OF THE DEVELOPMENT CODE
(TITLE 19) OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO
o REMOVE THE LOCATIONAL RESTRICTIONS FOR RESTAURANTS
o WITH DRIVE-THRU FACILITIES WITHIN THW COMMERCIAL
Z REGIONAL(CR-3)ZONE.
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o WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San
as Bernardino Development Code, the Community Development Department has prepared a City-
C) initiated ordinance to remove the locational requirements for restaurants with drive-thru facilities
within the Commercial Regional (CR-3) zone, and
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WHEREAS,Development Code Amendment 16-09 has been prepared to amend Chapter
19.06 (Commercial Zones), §19.06.010(2)(G) (CR-3 Commercial Regional Tri-City/Club Zone),
M §19.06.020(E)(3) (Development Permitted and Conditionally Permitted Uses)(Eating/Drinking
-°a Establishments)(Restaurants with Drive —Thru) and §19.06.030(2)(H)(1) (Development
M Standards)(Specific Standards for Commercial Zones)(Drive-Thru Restaurants) of the City of
San Bernardino Development Code; and
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WHEREAS, the Planning Division of the Community Development Department has
prepared Development Code Amendment 16-09 in consistency with the City of San Bernardino
M General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
1P Quality Act, the Planning Division of the Community Development Department evaluated
CD Development Code Amendment 16-09; and
WHEREAS, on October 8, 2016, pursuant to the requirements of§19.52.020 of the City
of San Bernardino Development Code, the City gave public notice by advertising in the San
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the
y holding of a public hearing at which the Environmental Determination and Development Code
Amendment 16-09 would be considered; and
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WHEREAS, on October 19, 2016, pursuant to the requirements of §19.52.040 of the
City of San Bernardino Development Code, the Planning Commission held the duly noticed
public hearing at which interested persons had an opportunity to testify in support of, or
8 opposition to the Environmental Determination and Development Code Amendment 16-09, and
at which meeting the Planning Commission considered the Environmental Determination and
n Development Code Amendment 16-09; and
WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San
3 Bernardino Development Code, the Planning Commission has the authority to take action on the
N Environmental Determination and Development Code Amendment 16-09.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does
hereby resolve,determine, find, and order as follows:
M SECTION 1. ENVIRONMENTAL DETERMINATION:
0
oIn accordance with §15060 (Preliminary Review) of the California Environmental Quality Act
(CEQA), the Planning Division conducted an environmental evaluation in connection with
Z proposed Development Code Amendment 16-09 and concluded that Development Code
c Amendment 16-09 is found to be exempt under §15061(b)(3) (Review for Exemption)of CEQA.
Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the proposed
0 Development Code Amendment to remove the locational requirements for restaurants with
drive-thru facilities within the Commercial Regional (CR-3) zone is exempt from CEQA when it
4 can be seen with certainty that there is no possibility that the activity will have a significant
effect on the environment. The Planning Division staff has analyzed proposed Development
Code Amendment 16-09 and has determined that it is Categorically Exempt from CEQA
pursuant to §15061(b)(3) of the CEQA Guidelines due to the fact that the proposed ordinance
will not create significant effects on the environment. Accordingly, pursuant to §15062 of
CEQA, a Notice of Intent to Adopt a Categorical Exemption for Development Code Amendment
16-09 was published on October 8, 2016 for the CEQA-mandated ten (10) day public review and
000 comment period. In accordance with §15061 of CEQA, on October 19, 2016, during a duly
D advertised public hearing, the Planning Commission considered the Categorical Exemption for
the recommendation to the Mayor and Common Council for the adoption of the Categorical
CL Exemption and approval of Development Code Amendment 16-09.
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SECTION 2. RECOMMENDATIONS FOR DEELOPMENT CODE
AMENDMENT 16-09:
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Pursuant to §19.42.030 Of the City of San Bernardino Development Code, the Planning
N Commission forwards the Ordinance to remove the locational requirements for restaurants with
drive-thru facilities within the Commercial Regional (CR-3) zone, (EXHIBIT "A") for approval
3 by the Mayor and Common Council:
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SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-09:
Section 19.42.050 of the City of San Bernardino Development Code requires that Development
Code Amendment applications meet certain findings prior to the approval by the Mayor and
Common Council. Accordingly, the following findings are provided in support of the
y recommendation by the Planning Commission for the approval of Development Code
Amendment 16-09:
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Finding No. 1: The proposed amendment is consistent with the General Plan.
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Finding of Fact: The City initiated decision was made to remove the locational restriction
for restaurants with drive-thru facilities after receiving several inquiries
G regarding drive-thru facilities throughout the Commercial Regional (CR-
0 3) zone over the course of the last few years. Additionally, many of the
nationally recognized and highly sought out "fast casual" restaurants are
Z expanding their operations to allow drive-thru facilities to their customers.
o With this in mind, General Plan Economic Development Policy 4.5.2
states that the City should: Maintain and enhance commercial regional
cores and economically sound community-serving commercial
concentrations by attracting new regional outlets, maintaining the existing
4 regional retail base, and stabilizing the future regional retail base. By
allowing the market demand to drive the type of development permitted in
M the commercial regional cores,the City will comply with this General Plan
Policy. Further, any future proposals for restaurants with drive-thru
facilities will be evaluated to determine whether the specific location is
M appropriate and compatible with the zoning designation and the
rt surrounding area, and all such proposals shall be conditioned to comply
awith environmental and development standards. Therefore, the proposed
D ordinance is consistent with the City's General Plan.
3
M Finding No. 2: The proposed amendment would not be detrimental to the public interest,
M
health, safety, convenience, or welfare of the City.
91 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
CD health, safety, convenience, or welfare of the City in that the removal of
the locational restriction for restaurants with drive-thru facilities will
y increase the convenience to residents and consumers within the City and
any future proposals for restaurants with drive-thru facilities will be
reviewed and conditioned to ensure compliance with environmental and
development standards, as well as health, safety, and welfare concerns.
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SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
3
1. Adoption of Planning Commission Resolution No. 2016-057 forwarding a
> recommendation that the Mayor and Common Council:
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a. Adopt of the Categorical Exemption for Development Code Amendment 16-09, in
accordance with §15061(b)(3) (Review for Exemption) of the California
N Environmental Quality Act, and direct the Community Development Director to
prepare and file with the Clerk of the County of San Bernardino a Notice of
Exemption as provided under Public Resources Code §21152(b) and CEQA
Guidelines §15062; and
b. Approve Development Code Amendment 16-09 based on the Findings of Fact.
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PASSED,APPROVED AND ADOPTED this 19`"day of October 2016.
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L easley, Chairm
San Bernardino Planning Commission
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ATTEST:
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Mark Persico, Planning Co ecretary
rt City of San Bernardino, California
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CERTIFICATION:
I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016-057, was duly
3 adopted by the Planning Commission of the City of San Bernardino, California, at a regular
n meeting thereof held on the 19`h day of October 2016,by the following vote,to wit:
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AYES: Heasley, Machen, Lopez,Gallaher, Earp, Quiel
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NOES: None
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ABSENT: Durr, Eble,Jones
ABSTAIN:None
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Steph 4 e S chez, Recor in Secretary
o City o San B' mardino, al forma
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6.A.c
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of San Bernardino Mayor and Common Council will hold a public
hearing on Monday,December 5,2016 at 4:00 p.m. in the Council Chambers, City Hall, 300 North"D"
Street, San Bernardino,California 92418,on the following items:
DEVELOPMENT CODE AMENDMENT 16-09 — A request to amend Chapter 19.06 (Commercial L
Zones), §19.06.010(2)(G) (CR-3 Commercial Regional Tri-City/Club Zone), §19.06.020(E)(3)
(Development Permitted and Conditionally Permitted Uses)(Eating/Drinking Establishments)(Restaurants
with Drive—Thru)and §19.06.030(2)(H)(1)(Development Standards)(Specific Standards for Commercial o
Zones)(Drive-Thru Restaurants) of the City of San Bernardino Development Code to remove locational
restrictions for restaurants with drive-thru facilities within the Commercial Regional—Tri-City/Club(CR-
3)zone. W
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Environmental Determination: Categorical Exemption, pursuant to §15061(b)(3) (Review for
Exemption)of the California Environmental Quality Act
Owner/Applicant: City of San Bernardino—Community Development Department C,
APN: N/A
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The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating
these items. The Mayor and Common Council will review the proposals and will consider the proposed E
environmental determinations in making its decisions. The public is welcome to speak at the public
hearing or to submit written comments prior to the hearing. For more information, please contact the a
Community Development Department at City Hall, or by phone at(909)384-7272. 0
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If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to v
raising only those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Planning Division at,or prior to,the public hearing. C.
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Submitted: November 21,2016
Publish: November 25,2016(Display ad) M
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12/05/2016
MAYOR AND COMMON COUNCIL
December 5, 2016
Item: 6A
Development Code Amendment 16-09
Community Development Department
`;an Bs�rnnr inn
PROPOSED PROJECT
1. City initiated Ordinance remove the locational restrictions for drive-thru
facilities within the Commercial Regional(CR-3)zone
2. Current Development Code standards limit drive-thru restaurants to"south
of the 1-10 only and adjacent to Tippecanoe Avenue between Hospitality
Land and 1-10 only'
3. Response to market driven demand within the Commercial Regional
(CR-3)zone
* Community Development Department
Sno Br<rnnr ino
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12/05/2016
LOCATION MAP
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12/05/2016
KEY DEVELOPMENT STANDARDS:
1. Traffic Analysis will be reviewed for any proposed drive-thru
facility.
Z Proposed development within the Commercial Regional (CR-3)
zone must be compatible with existing developments in the
subject area.
3. Proposed developments are required to comply with current
regulations, design guidelines and Code requirements.
Community Development Department
,Soo Baruor ion
ANALYSIS:
1. Nature of retail and restaurant operations has changed over
past decade
2. Many operators requiring a drive-thru as standard feature of
business operations
3. Proposed Code Amendment will maintain competitive edge of
Hospitality Lane
Communist,Development Department
4OV
3
12/05/2016
RECOMMENDATION:
1. Adopt the Categorical Exemption; and
2. Approve Development Code Amendment 16-09 based on the
Findings of Fact. — Introduce Ordinance for first reading
3. Direct staff to schedule second reading of Ordinance
Community Development Department
tan Bwrnar imi
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