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HomeMy WebLinkAbout01-14-1991 Minutes City of San Bernardino, California January l4, 1991 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 8:30 a.m., Monday, January 7, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on January 7, 1991, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at lO: 00 a.m., Tuesday, January 8, 1991, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Holcomb at lO:03 a.m., in the Development Department Board Room, Fourth Floor, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Minor, pope-Ludlam. RECESS MEETING - CLOSED SESSION At lO:04 a.m., the Mayor and Common Development Commission of the City of San closed session for the following: a. to give instruction to the City' s/Commission' s negotiator on the purchase of property pursuant to Government Code Section 54956.8. The real property which the negotiations concern is generally located at: (3 & R-2) Council and Community Bernardino recessed to . , b. to consider personnel matters pursuant to Government Code Section 54957; c. to meet with designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6 1 l/l4/9l d. to confer with the Chief of Police on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities pursuant to Government Code Section 54957; e. to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(l), as there is significant exposure to litigation; f. to confer with the attorney regarding litigation pursuant to Government Code 54956.9(c), so that Council/Commission may whether to initiate litigation; pending Section decide g. to confer with the attorney regarding pending litigation which has been initiated formally to which the City is a party pursuant to Government Code Section 54956.9(a). CLOSED SESSION At lO:05 a.m., Mayor Holcomb called the closed session to order in the Development Department Executive Conference Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Members Minor, pope-Ludlam. COUNCIL MEMBER POPE-LUDLAM ARRIVED At lO:lO a.m., Council Member Pope-Ludlam arrived at the closed session. ADJOURN CLOSED SESSION At lO:27 a.m., the closed session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At lO:28 a.m., Mayor Holcomb called the Adjourned Regular Meeting of the Mayor and Common Council to order in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 2 1/l4/9l ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Minor. WORKSHOP DRAFT DEVELOPMENT CODE CONTINUED FROM DECEMBER lO, 1990 (l) Larry Reed, Director of Planning and Building Services, explained that the Development Code combines zoning, subdivisions, flood plain, hillside management and design guidelines in one integrated rule book. This integrated structure will be superior to the current structure of ordinances by placing all of these documents in one place, in one fully illustrated format. The new Development Code will provide the City with a clear, concise course for guiding quality development into the next century. Eight attributes of the Development Code which contribute to its user-friendliness are: l) the use of many tables and matrices; 2) a logical sequence of chapters; 3) a table of contents and index within each chapter; 4) extensive use of diagrams and drawings; 5) language that is straightforward and easy to follow; 6) procedures and approval processes which are located in the administration chapter; 7) definitions which do not contain regulatory language; and 8) incorporation of the standard industrial classifications (SIC) system into the table of permitted uses. In January, 1989, the City sent out Request For Proposals for consultants to work on the Development Code. In April, 1989, the City hired Jacobson & Wack who commenced work on the Development Code in June, 1989. A number of field trips were taken with the consultants in order to understand the problems of San Bernardino. An administrative draft was completed in October, 1989. A Technical Advisory Committee was created consisting of department heads and their designees. A preliminary draft was completed in June, 1990, which went to joint workshops with the Planning Commission, the Council, the Technical Advisory Committee, Development Advisory Committee, Citizens Advisory Committee, the City's Environmental Review Committee and Development Review Committee. A public hearing draft was completed in June, 1990 which was submitted to the Planning Commission. Mr. Reed recommended that review of the Development Code be made page by page. If agreement on an item cannot be achieved, it is recommended that the item be deferred to a later workshop. 3 l/l4/9l Mayor Holcomb explained that the Development Code does not make significant or substantive changes, and does not create new policy. John Montgomery, principal Planner, Planning and Building Services Department, stated that the General Plan lays out the development process such as where use can occur and its intensity. Full implementation of the General Plan requires updating the Development Code. John Montgomery stated that he has received a letter from Charlyn Archuleta, Monnig Development Company, 50l N. Placentia Avenue, Fullerton, dated January ll, 1991. As there has not been time to respond to the letter, Ms. Archuleta's concerns will be addressed at a later workshop. Mr. Montgomery stated that adoption of the Development Code Standards will be done by ordinance and the Desian Guidelines by resolution. He explained that any standard containing criminal enforcement powers would require adoption by ordinance. CITY ADMINISTRATOR EDWINS EXCUSED At lO:55 a.m., City Administrator Edwins left the Council meeting. Mayor Holcomb explained that certain areas of the Development Code cannot be changed without amending the General Plan. Additionally, some areas of the General Plan cannot be amended without changing state law, such as CEQA (California Environmental Quality Act) documentation. Mayor Holcomb stated that several areas can be streamlined to allow faster processing, such as conditional use permits which can be approved at lower level, such as the Design Review Committee (DRC), rather than the Planning Commission. Mayor Holcomb expressed his support for lowering the level at which approval is granted. He stated that unnecessary review slows down the approval process considerably. Part of the process 'could require that the Council Member be notified before approval is granted. One way to speed up approval may be to use the resolution process rather than the ordinance process. He explained that ordinances take two readings and are not effective for 30 days, where a resolution requires one reading and becomes effective immediately. Design Review Committee (DRC) tasks assigned to one staff person could make decisions faster than a committee. A DRC clearing officer would have the authority to contact all parties involved in the event of disagreements. John Montgomery, Principal Planner, stated that a DRC clearing officer is a potential innovative change for discussion 4 l/l4/9l at a later date that would require amendment to the General Plan or Development Code. He stated that there is a trend nationwide to reduce the threshold of review by having a committee, staff member or director approve projects rather than the Planning Commission. Sinale Room Occupancv (SRO) Facilitv Standards John Montgomery stated that the draft of single room occupancy (SRO) facility standards could be incorporated into the Development Code if desired by the Council. The draft has not received Environmental Review and Planning Commission review. It has been reviewed by the Planning Department, Fire Department and all DRC representatives. ADMINISTRATION CHAPTER John Montgomery, proposed alphabetizing the Administration chapter by topic. Threshold of Review. Table 3l.0l. paae IV-2 This table summarizes final approval authority for the Director, the Design Review Committee (DRC), Planning Commission and Council. Some levels of approval are specified in state law. For instance, tentative tracts need Planning Commission approval. General Plan amendments need Planning Commission and Council adoption. The City has created a new classification called development permits for residential, commercial, and industrial projects. Larry Reed recommended that approval of development permits be assigned to DRC. Development Permits l. "Tenant Improvements" was added Commercial and Industrial, with an X designates review and approval by staff. to the table under both under Director, which 2. Under Residential l2 + units, an Council, as multi-family projects in the council approval. X was added under CG2 zone require CITY ADMINISTRATOR EDWINS RETURNED At ll:05 a.m., City Administrator Edwins returned to the Council meeting. Mr. Montgomery explained that notice of DRC meetings is posted only when the development being considered is adjacent to 5 l/l4/9l a residential land use district. Projects Commission would be noticed when they permits and conditional use permits. that go to Planning include development Concern was expressed by the Council that by eliminating the Planning Commission review, the information would not get to the citizens of the community. COUNCIL MEMBER POPE-LUDLAM EXCUSED At ll:lS a.m., Council Member Pope-Ludlam left the Council meeting. Mr. Bruce Jacobson, Jacobson & Wack, Land Use Planning Consultants, P. O. Box 2448, Santa Barbara, explained that the City has complete flexibility in establishing review and approval thresholds and notice requirements for development permits. He stated that other cities are investigating allowing staff, such as a zoning administrator, review and approval authority of projects in compliance with design standards. He stressed that all approval levels are subject to appeal. The Council discussed concerns about one person having approval authority and how that would limit the flow of information to the community. COUNCIL MEMBER POPE-LUDLAM RETURNED At ll:20 a.m., Council Member Pope-Ludlam returned to the Council meeting. John Montgomery explained that discussion relating to the issue of a zoning administrator, or one person taking over for the DRC duties would be a deferred item because the General Plan calls for maintaining DRC. Any change of this nature would require a General Plart amendment. Mr. Montgomery stated that the threshold of review for development permits can be established at DRC at this time. PUBLIC COMMENTS - JAMES WIRTH Mr. James Wirth, 1980 North Sierra Way, San Bernardino, distributed a letter to the Council expressing his concerns that eliminating Planning Commission approval of development proposals would result in a significant detrimental impact on the community and would not be in compliance with the intent of the General Plan. He expressed concern that the community would not be aware of projects during the review period when protests or changes can be made. He stated that any action that will inhibit public input will be more favorable to a developer than to the welfare of the citizens at large. John Montgomery stated that discussion regarding the Threshold of Review table would be deferred to a later workshop. 6 l/l4/9l ARTICLE I. GENERAL PROVISIONS I-4 Director of Planninc and Buildinc Services. paces I-3 and C. Powers Amended language will be proposed at a later workshop to clarify which items are appealed to the Planning Commission. 19.02.040 Review Authorities. paae 1-2 l. Mayor and Common Council Roger Hardgrave, Director of Public works/City Engineer, explained that approval for final maps is granted once a bond has been posted and approved by the Mayor and Common Council. DEFINITION CHAPTER Antenna. pace I-7 Amended language will be proposed at a later workshop. Attached. paae I-7 "Interior" was added to the definition. The definition was revised to read as follows: "Any structure that has an interior wall or roof in common with another structure." Automobile wreckina. paae I-7 The word "used" was deleted from the definition. Awnina. page I-7 The word "sun" was changed to "elements". Bed and Breakfast. pace I-7 The word "breakfast" on the last line (not in title) was changed to "meals". Boardinc House. paae I-8 The words "between 7 and l5" were changed to "7 or more". Carport. paae I-8 "For the occupants of the premises." was deleted from the definition. 7 l/14/9l Club. Dacre I-9 Amended language will be proposed at a later workshop. Clustered Subdivision. page I-9 The words on the fourth line were changed from "the permitted" to "that permitted". Conditional Use Permit. page I-9 The word "Development" was added to the title. The revised title should be "Conditional Use/Development Permit". Entertainment. Dacre I-ll "(live)" was added to the title, before the definition. Grannv Flat. page I-l2 Amended language will be proposed at a later workshop. Discussion ensued regarding the specific differences in guest house, second dwelling unit, and granny house. COUNCIL MEMBER ESTRADA EXCUSED At ll:45 a.m., Council Member Estrada left the Council meeting. MAYOR HOLCOMB AND COUNCIL MEMBER REILLY EXCUSED At ll:50 a.m., Mayor Holcomb and Council Member Reilly left the Council meeting. COUNCIL MEMBER POPE-LUDLAM EXCUSED At ll:5l a.m., Council Member Pope-Ludlam left the Council meeting. Hotel. Daae I-l4 Amended language will be proposed at a later workshop. Infill Development. Dacre I-l4 The definition was added to read as follows: "Development that occurs on up to 4 contiguous vacant lots scattered within areas that are already largely developed or urbanized." Generally, these sites are vacant because they were once considered of insufficient size for development, because an existing building located on the site was demolished or because there were other, more desirable sites for development. 8 l/l4/9l Motel. paae I-lB Amended language will be proposed at a later workshop. Landscapina. page I-l4 The words definition. " native or exotic" were deleted from the COUNCIL MEMBER POPE-LUDLAM RETURNED At l2:06 p.m., Council Member Pope-Ludlam returned to the Council meeting. Public Park. paae I-l9 The definition was added to read as follows: playground, swimming pool, beach, pier, reservoir, golf athletic field within the City which is under the operation or management of the City, the County, or the "A park, course or control, State. " Reliaious Institution. paae I-l9 The definition was added to read as follows: "A structure which is used primarily for religious worship and related religious activities." School. paae I-20 The definition was added to read as follows: "An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education." This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university." Second Dwellina Unit. ~age I-20 Amended language will be presented at a later workshop. RECESS MEETING At l2:0B p.m., the Adjourned Regular Meeting of the Mayor and Common Council recessed until 2:00 p.m., in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. 9 l/l4/9l ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Reilly, Flores, Maudsley; Deputy City Clerk Vale. Absent: Council Members Estrada, Minor, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Administrator Edwins. ANNOUNCEMENT BY MAYOR - LACK OF QUORUM Mayor Holcomb announced that Council members are attending another meeting on the sixth floor and that due to the lack of a quorum, the Council meeting would not officially begin until a quorum was present. He stated that at this time questions would be taken from the developers present and answered by staff on an informal basis. Charlyn Archuleta, Project Coordinator, Monnig Development, 50l N. Placentia Avenue, Fullerton, asked for clarification on how the various overlay zones relate to the General Plan and the Development Code. John Montgomery stated that the General Plan has a precedent table in the front of the General Plan documents. He explained how the Verdemont Area Plan, foothill communities green belt, and the various overlay zone plans interact with the General Plan. He stated that there are several related documents that will have to be amended to achieve consistency in the interacting documents. He stressed that the General Plan and the Development Code are overriding documents for the City. Mr. John Stubblefield, Stubblefield Construction Company, 2258 Bradford Avenue, Highland, questioned staff relative to the hillside management area, how average slope will be determined and applied under the new Development Code, and transferring of development rights. Mr. Montgomery answered Mr. Stubblefield's questions. COUNCIL MEMBERS ESTRADA AND MILLER RETURNED At 2:2l p.m., Council Members Estrada and Miller returned to the Council meeting. RECONVENED MEETING At 2:25 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. lO l/l4/9l ROLL CALL Roll call was taken by Deputy City Clerk Vale with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Vale. Absent: Council Members Minor, Pope-Ludlam; City Administrator Edwins. DEFINITION CHAPTER Setback. page I-2l The second and third sentences were deleted from the definition. The second sentence "On corner lots, the shortest street frontage shall be the front yard in residential land use districts, while the longest street frontage shall be the front yard in commercial/industrial land use districts." was moved to Yard. Front, page I-24. The third sentence "On flag lots, the rear yard location shall be determined through proj ect review." was moved to Yard. Rear, page I-24. COUNCIL MEMBER At 2:30 p.m., Council meeting. POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Small Lot Subdivision. paGe I-22 The word "substandard" was changed to "small". StoraGe. paGe I-23 At the end of the definition the words "for more than 24 hours" were added. Wildlands. ~age I-23 The definition was added to read as follows: "Any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation. " Yard. Rear. Side Street. page I-24 The title was corrected to read "Yard, Side of Street". 11 l/l4/9l Establishment of Zoninq Districts. paae I-25 CCS (Central City South Overlay) Districts (CCS-l, CCS-2, CCS-3, CCS-4) were corrected by deleting the word "overlay" and adding CCS-5. Mr. Montgomery explained that CCS-5 is the project area on Mill to "F" Street, and the Development Code would be amended once that amendment is adopted. Conflictinq Permits and Licenses to be Voided. page I-26 The words "subsequently issued and" were added to the last sentence. The revised sentence will read: "Any permit or license subsequently issued and in conflict with this Development Code shall be null and void." MAYOR HOLCOMB EXCUSED At 2:45 p.m., Mayor Holcomb left the Council meeting, and Council Member Reilly assumed the duties of Mayor Pro Tem. RESIDENTIAL CHAPTER Table 04.0l. Permitted. Development Conditionallv Permitted Uses. paqe II-4 Permitted. and The following list represents those uses in the residential districts which are Permitted (P), subject to a Development Permit (D), a conditional Use Permit (C), or Prohibited (X). John Montgomery stated that this table will be amended later if the (SRO) Single Room Occupancy standards are adopted. l. l. Residential Uses I. Manufactured Housinq The three X's under RM, RMH, and RH were changed to D's. 2. 2. Equestrian Uses A. Stables. Private The P's in all land use zones were changed to D's. 3. 4. Recreational Uses D. Swimming Pool/Spa The P's under RE, RL, RS, RU were changed to D's. l2 l/l4/9l F. Trails. Eauestrian The X's under RM, RMH and RH were changed to P's. 3. 5. Accessorv Uses C. Garaae The P's under RE, RL and RS were changed to D's. A new item D and was added, thereby renaming items D through G. D. Garaae Sales P's were added in all land use zones. E. Guest Houses liD" was renamed liEn F. Patio/Gazebo The P's under RE, RL and RS were changed to D's. G. Storaae IIF" was renamed "G". 4. 7. Home Occupations The P's in all land use zones were changed to H's, and renamed from "E" to "F". 5. 8. Tem90rary Uses The P's in all land use zones were changed to T's. Table 04.02. Residential Development Standards. page II-7 1. Footnote (5) was added to read: "Except within 75 feet of the residential suburban (RS) land use district where the height shall be limited to two stories or 30 feet." Also, this footnote was added to RM, RMH, RH and COl/2. 2. The column COl/2 was added between RH and CG-2, for Senior Housing. The standards are as follows: 47 maximum units/gross acre; 1 acre lot area; 60' lot width; 66' corner lot width; lOO' lot depth; 13 l/14/9l l5' front set back; 10' rear set back; lO' side set back street side; 50 building lot coverage (maximum percentage); 20' distance between buildings; 4 stories and 52 feet maximum structure height; l2 maximum average of attached dwelling units. Mr. Montgomery stated that the complicated relative to senior housing accomplishment because it outlines development standards for senior housing. General Plan was very and this table is an in one location the Table 04.03. Residential Districts Specific Standards. paqe II-l2 John Montgomery stated that this table would be amended later if the (SRO) Single Room Occupancy standards are adopted. A. Accessorv Structures. ~aae II-l3 Amended language will be proposed at a later workshop. B. Day Care Facility Desian Standards. paqe II-l3 and II-l4 l. Item 3, page II-l3. The word "yard" was changed to "area". 2. Item 4, page II-l3. The second sentence of the definition was revised to read as follows: "In the front yard, the open fence shall not exceed 48 inches in height, and a solid wall shall not exceed 36 inches in height. " MAYOR HOLCOMB RETURNED At 3:27 p.m., Mayor Holcomb returned and took his place at the Council table. COUNCIL MEMBER ESTRADA EXCUSED At 3:34 p.m., Council Member Estrada left the Council meeting. 3. Item lO, page II-l4. The words "between the hours of 6:00 a.m. and 8:00 p.m." were deleted from the definition. l4 l/l4/9l 4. Item ll, page II-l4. The time "6:00 p.m." was changed to "8:00 p.m." 5. Item l2, page II-14 The word "large" was deleted from the definition. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 3:39 p.m., Council Member Pope-Ludlam left the Council meeting, and a quorum was not present. Amenities Bonus Provision. paqe II-l7 "COl/2" was added between CG-2 and CR-2. David Mlynarski, Vice President of Operations, Sierra Engineering, 25864 Business Center Drive, Redlands, asked questions relative to minimum room size and dwelling size. He also asked questions regarding specific language relating to the architectural and quality control standards being referred to in the workshops. Mr. Montgomery stated that discussion relative to minimum room size and average dwelling size has been deferred to a later time in order to prepare compromise language. Larry Reed stated that San Bernardino has an abundance of minimum size and price range houses. Establishing absolute maximum and minimum standards would have been unworkable. Therefore, an averaging technique was developed to allow the architect the flexibility to creatively mix and match within a development a variety of choices meeting standards. Jerald Weiner, Monnig Development, regarding concerns quality homes. A.I.A., Director of Product Development, 50l North Placentia Avenue, Fullerton, spoke that larger homes do not guarantee better David Mlynarski asked questions regarding changes to infill housing, how the new Development Code would affect this type of development, and how the new Development Code would affect projects currently in the process of approval. John Montgomery explained that a project is if review of plans has received approval, development standards would be applied. deemed complete then the old Roger Hardgrave, Director of Public Works/City Engineer, spoke in support of the Development Code and how it would assist in achieving the type of quality construction the City desires. l5 l/l4/9l Mr. Montgomery stated that the City's grandfather clause for projects is much more lenient than the State requires. WORKSHOP - DISPOSITION OF CHARTER REVISIONS SUGGESTED BY THE CHARTER REVISION COMMITTEE (2) Council Member Reilly made a motion, seconded by Council Member Flores, and unanimously carried, to table the workshop on charter revisions until after the primary election. ADJOURNMENT (4) At 4:l0 p.m., Mayor Holcomb adjourned the Adjourned Regular Meeting of the Mayor and Common Council to Thursday, January l7, 1991, at 9:00 a.m., in the Development Department Board Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. By Melanie Vale Deputy City Clerk RACHEL KRASNEY City Clerk yt~C-L/' / / tfM<-> No. of Items: 4 No. of Hours: 4.5 l6 l/l4/9l