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Staff Report City of San Bernardino . r Request for Council Action Date: December 19, 2016 To: Honorable Mayor and City Council Members 3 L From: Mark Scott, City Manager By: Mark Persico, AICP, Community Development Director L Chantal Power, Associate Planner ° O Subject: Ordinance of the City Council of San Bernardino, California a Adopting a Categorical Exemption to the California o Environmental Quality Act (CEQA) and Approving Development Code Amendment 16-09 Amending Chapter 19.06 0 (Commercial Zones), ), Section 19.06.010(2)(G) (Commercial Regional, Tri-City/Club Zone), Section 19.06.020(E)(3) o (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 a Restaurants) of the Development Code (Title 19) of the City of , San Bernardino Municipal Code (Final Reading) d •L Recommendation ° Accept for final reading and adopt an Ordinance adopting a Categorical Exemption to 0 the California Environmental Quality Act (CEQA) and approving a Development Code Amendment 16-09 (Attachment 1). ° Background On December 5, 2016, the City Council conducted a public hearing and introduced for E first reading an Ordinance that amends the Development Code to allow drive-thru facilities in the CR-3 zone subject to approval of a Conditional Use Permit. a Conclusion Final reading of the Ordinance will potentially allow for drive-thru restaurants in the CR- 3 zone. Attachments Attachment 1 Ordinance Ward: 3 Synopsis of Previous Council Actions: Packet Pg.360 T.G.b 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION TO THE 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING 4 DEVELOPMENT CODE AMENDMENT 16-09 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES), SECTION 19.06.010(2)(G) (COMMERCIAL REGIONAL, 5 TRI-CITY/CLUB ZONE), SECTION 19.06.020(E)(3) (DEVELOPMENT PERMITTED y AND CONDITIONALLY PERMITTED USES) (EATING/DRINKING 6 ESTABLISHMENTS)(RESTAURANTS WITH DRIVE-THRU), AND SECTION ~ 7 19.06.030(2)(H)(1) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(DRIVE-THRU RESTAURANTS) OF THE o 8 DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO 0 MUNICIPAL CODE. 9 U 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 w Bernardino held a noticed public hearing to consider public testimony and the staff report, and E 13 adopted Resolution No. 2016-057 recommending adoption of the Categorical Exemption and a .r.• 14 the approval of Development Code Amendment 16-09 to the Mayor and Common Council; 15 and � c 16 WHEREAS, notice of the public hearing for the Mayor and Common Council's 0 17 consideration of the proposed Ordinance was published in The Sun newspaper on November L 18 25, 2016. 19 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN o BERNARDINO DO ORDAIN AS FOLLOWS: rn 20 21 a SECTION 1. The City Council find that the above-stated Recitals are true and hereby o 22 adopt and incorporate them herein. d 23 24 SECTION 2. Findings of Fact—Development Code Amendment 16-09. Q 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 - 1- Packet Pg.361 7.G.b 1 Commercial Regional (CR-3) zone over the course of the last few 2 years. Additionally, many of the nationally recognized and highly sought out "fast casual" restaurants are expanding their operations to 3 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 t 6 sound community-serving commercial concentrations by attracting new 7 regional outlets, maintaining the existing regional retail base, and o 8 stabilizing the future regional retail base. By allowing the market o 9 demand to drive the type of development permitted in the commercial v 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 r 14 with environmental and development standards. Therefore, the a W 15 proposed ordinance is consistent with the City's General Plan. _ ca 16 Finding No. 2: The proposed amendment would not be detrimental to the public T O 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 2 19 ° the locational restriction for restaurants with drive-thru facilities will 20 increase the convenience to residents and consumers within the City T 21 and any future proposals for restaurants with drive-thru facilities will be o 22 reviewed and conditioned to ensure compliance with environmental and a� 23 development standards, as well as health, safety, and welfare concerns. t r 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- Packet Pg.362 nightclubs, etc.), financial establishments, restaurants (,1rve t1fus south of the 1 2 =-110 and adjaeen4 to Tipp ,. ea-noe Avenue between Hospitality r ., and 14-0 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) L s 6 Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally 17 d 7 Permitted Uses) as follows: o 8 (1) ��ccarv�ttYt�-rv—crrnr-acr�uccrrt-t6�ppccnu� , 9 r T ., and! 10 only. Q 9 ° 10 SECTION 5.–Section 19.06.030(2)(H)(1) (Development Standards) (Specific 11 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- U 2 14 1, CG-2, CG-3, CG-4, CR-2 (on properties in the Freeway Corridor Overlay Q d 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. 0 17 i 18 SECTION 6. Compliance with the California Environmental Quality Act. The Mayor and Common Council has independently reviewed, analyzed and exercised L 19 ° judgment in finding that Development Code Amendment 16-09 is exempt under §15061(b)(3) 20 (Review for Exemption) of the California Environmental Quality Act due to the fact that the 21 proposed Ordinance will not create significant effects on the environment. The Planning o 22 Division of the Community Development Department is hereby directed to file a Notice of d 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 a 25 Exemption. 26 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or 27 clause or phrase in this Resolution or any part thereof is for any reason held to be 28 - 3- Packet Pg.363 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 /// d 7 rn 8 �°� 9 10 11 /// Y 12 13 /// 14 /// a d 15 c 16 /// o 17 L 18 /// d 19 20 /// 9 0 21 /// o 22 23 s 24 a 25 /// 26 27 28 - 4- Packet Pg.364 m s 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 F7 DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO L 7 MUNICIPAL CODE. ° 8 0 co 9 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor v and Common Council of the City of San Bernardino at a regular meeting thereof, held on the ° 10 day of , 2016,by the following vote to wit: rn ti 11 v 12 Council Members: AYES NAYS ABSTAIN ABSENT 13 MARQUEZ BARRIOS 14 a VALDIVIA as 15 SHORETT 16 NICKEL M RICHARD 17 MULVIHILL 18 L 19 20 Georgeann Hanna, CMC, City Clerk a 21 The foregoing Ordinance is hereby adopted this day of , 2016. o 22 23 24 R. CAREY DAVIS, Mayor a 25 Approved as to form: City of San Bernardino 26 Gary D. Saenz, City Attorney 27 By: 28 - 5- Packet Pg. 365