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Home My WebLink AboutMC-1519Ordinance No. MC -1519 ORDINANCE NO. MC -1519 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 5.10.250 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE LOCATION OF CANNABIS BUSINESSES AND APPROVING DEVELOPMENT CODE AMENDMENT 19-01 AMENDING CHAPTER 19.10 (BASIC PROVISIONS), CHAPTER 19.06 (COMMERCIAL ZONES), CHAPTER 19.10 (INDUSTRIAL ZONES) AND CHAPTER 19.70 (TEMPORARY USE PERMITS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE RELATING TO COMMERCIAL CANNABIS ACTIVITIES PURSUANT TO CHAPTER 5.10 (COMMERCIAL CANNABIS ACTIVITIES) OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE; AND FINDING THAT THE AMENDMENT IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No. MC -1464 approving Chapter 5.10 of the City of San Bernardino Municipal Code to regulate Commercial Cannabis Activities; WHEREAS, on April 4, 2018, the Mayor and City Council established review criteria, procedures and maximum number of commercial cannabis business types for the implementation of Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; WHEREAS, on September 5, 2018, the Mayor and City Council adopted Ordinance No. MC -1503, amending Chapter 5.10 of the City of San Bernardino Municipal Code related to the regulation of Commercial Cannabis Activities; which was subsequently approved by the registered voters on November 6, 2018; WHEREAS, on February 20, 2019, the Mayor and City Council adopted Resolution 2019-30, authorizing the establishment of guidelines for the issuance of Temporary Cannabis Special Event Permits as authorized under Chapter 5.10 of the City of San Bernardino Municipal Code; WHEREAS, on April 3, 2019, the Mayor and City Council directed City Staff to prepare an amendment to the City of San Bernardino Development Code (Title 19) in order to ensure consistency with the commercial cannabis activities identified in Chapter 5.10 of the City of San Bernardino Municipal Code; WHEREAS, Development Code Amendment 19-01 is a City -initiated amendment to Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code (Title 19) in order to establish a consistency with Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; Ordinance No. MC -1519 WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 19-01 in compliance with the California Government Code, consistency with the City of San Bernardino Municipal Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; WHEREAS, on May 14, 2019, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2019-027 recommending to the Mayor and City Council the approval of Development Code Amendment 19-01 amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code (Title 19) in order to establish a consistency with Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; WHEREAS, on May 24, 2019, pursuant to the requirements Section 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 holding of a public hearing for the Mayor and City Council's consideration of this proposed Ordinance for Development Code Amendment 19-01; WHEREAS, on June 5, 2019, the Mayor and City Council held a public hearing on the approval of Development Code Amendment 19-01, continued the public hearing to June 19, 2019, and requested the proposed ordinance be amended to include an amendment to Section 5.10.250 of the San Bernardino Municipal Code to eliminate the distance requirement for cannabis businesses from existing residentially used parcels that are not residentially zoned; and WHEREAS, on June 19, 2019, the Mayor and City Council approved Ordinance No. MC -1519, and directed staff to bring forth Ordinance No. MC -1519 for final reading after comments made in the public hearing produced no new substantial information requiring revisions to Ordinance No. MC -1519. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2. Com liance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 19-01 and this Ordinance No. MC -1519 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment. Ordinance No. MC -1519 SECTION 3. Finding of Facts — Development Code Amendment 19-01 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment is consistent with the General Plan goals and policies including the following: General Plan Land Use Element Policy 2.1.2: Require that new development with potentially adverse impacts on existing neighborhoods or residents such as noise, traffic, emissions, and storm water runoff, be located and designed so that quality of life and safety in existing neighborhoods are preserved. General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Policy 2.2.8: Control the Location and number of community -sensitive uses, such as alcohol sales, adult bookstores, and businesses, game arcades, and similar uses based on proximity to residences, schools, religious facilities, and parks. Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or ratesof crime, providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar "sensitive" uses. Land Use Element Policy 2.2.10: The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public. The City of San Bernardino has a mixture of residential, industrial, commercial, -and entertainment land uses. A number of these uses to include commercial and industrial uses can potentially have an adverse effect upon a residential neighborhood and community -sensitive uses. However, such industrial and commercial uses provide a vital role to the City's economy. Thus, it is important to maintain consistency between new land uses that may bring new economic growth to the City and existing neighborhoods. This amendment to the Development Code would be consistent to the City's General Plan as it would ensure compatibility between commercial cannabis activities with existing land uses located within the commercial and industrial zones, while protecting residential Ordinance No. MC -1519 zones. Additionally, through the review of commercial cannabis activities via the Development Code, the City would ensure that commercial cannabis activities comply with all applicable zoning and related development standards, and conform to design requirements that protect the quality of life of the City. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: This amendment would establish Commercial Cannabis Activities in the City of San Bernardino Development Code for the purpose of ensuring consistency between location and design of such activities, as established in Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code. Additionally, in order to ensure that unpermitted commercial cannabis activities do not affect the quality of life for the City's residents, it should ensure that qualified patients and persons over 21 years of age have safe access to cannabis. Thus, this amendment to the City of San Bernardino Development Code would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. SECTION 4. Adoption of Ordinance. Development Code Amendment 19-01 to amend Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code (Title 19), attached hereto and incorporated herein by reference as Exhibit "A" through "F", is hereby approved. SECTION 5. Amendment to Section 5.10.250. Subsection (b)(1) of Section 5.10.250 of the San Bernardino Municipal Code is hereby amended to read in its entirety as follows: "(1) The parcel shall be no closer than six hundred (600) feet of any residentially zoned parcel in the City, the City's sphere of influence, a neighboring incorporated city, or unincorporated county." SECTION 6. Notice of Exemption: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City's compliance with the California Environmental Quality Act in approving Development Code Amendment 19-01. SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or Ordinance No. MC -1519 more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 9. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Co it and " Vd by the Mayor and attested by the City Clerk this 17'h day of July 2019. John Valdivia, Mayor ity of San Bernardino Attest: Georgeann Aanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Ordinance No. MC -1519 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1519, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 19d` day of June 2019 and approved, passed, and adopted at a regular meeting held the 17'h day of July 2019 by the following vote: Council Members: AYES NAYS SANCHEZ Y MARRA FIGUEROA X SHORETT X Y NICKEL RICHARD MULVIHILL ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 17th day of July 2019. Georgeann; Ianna, MMC, City Clerk