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HomeMy WebLinkAbout02-06-1991 Minutes City of San Bernardino, California February 6, 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 the meeting held on Monday, February 4, 1991, at 8:30 a.m., Monday, February 4, 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 February 4, 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 9:00 a.m., Tuesday, February 5, 1991, on the door of the place at which said meeting was held. No quorum being present, the meeting was called to order as the Development Code Task Force Committee at 9:12 a.m., Wednesday, February 6, 1991, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Reilly; Council Members Reilly, Flores, Minor; Deputy City Clerk Reese. Absent: Mayor Holcomb; Council Members Estrada, Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Edwins. DRAFT DEVELOPMENT CODE WORKSHOP FEBRUARY 1. 1991 CONTINUED FROM (1) Chapter 19.19 paoe 11-213 MS (Main Street Overlay) District- John Montgomery, Principal Planner, Planning and Building Services Department, explained that the Main Street Design Guidelines were established almost three years ago, but had never been adopted. An overlay district was created which included standards and guidelines. 4 - Streets cape Improvements - Paoe 11-217 Mr. Montgomery explained that the Streetscape Improvements section requires developers of new or rehabilitation projects with a value of 50% or more of the present property value, to reimburse the City for streetscape improvements made within the public right-of-way adjacent to their property. 1 2/6/91 Ann Harris, Executive Director, Main Street Incorporated, explained the background of the Streetscape Improvement Standards, and stated that some businesses in the downtown area are participating on a 50-50 voluntary basis with the City to improve landscaping. The Council expressed concern regarding instances in which the City might pay for improvements in a Redevelopment Project Area. Larry Reed, Director, Planning/Building Services Department, explained that the Mayor and Council had directed that whenever possible, Redevelopment Agency funds be used to finance City projects. Ms. Harris answered questions and explained that the original concept was that business people should participate in some way on new development on the streetscape, and thus encourage private and public participation. COUNCIL MEMBER ESTRADA ARRIVED At 9:19 a.m., Council Member Estrada arrived at the Council meeting. QUORUM PRESENT - MEETING CALLED TO ORDER At 9:20 a.m., Council Member Estrada assumed the duties of Mayor Pro Tempore and called the official meeting of the Mayor and Common Council to order. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Flores, Minor; Deputy City Clerk Reese. Absent: Mayor Holcomb; Council Members Maudsley, Pope-Ludlam, Miller; City Attorney Penman, City Administrator Edwins. John Montgomery recommended that the words "in lieu" be deleted in both paragraphs under "Section 4 Streetscape Improvements" . He explained that the fees would be established by resolution. The Council agreed that " in lieu" be deleted from both paragraphs under "4. Streetscape Improvements". CITY ADMINISTRATOR EDWINS ARRIVED At 9:30 a.m., City Administrator Edwins arrived at the Council Meeting. SR. ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 9:31 a.m., Sr. Assistant City Attorney Barlow arrived at the Council Meeting. 2 2/6/91 5. Architectural Desion IGeneral) - Paoes 11-217 and 218 A discussion ensued regarding various items listed under "F. Prohibited Materials" on Page 11-218. The following items were deleted from Item F. "Prohibited materials - Buildino Walls:" lIor opaque"; "stucco with an exaggerated texture"; '''New Orleans Style' grille and rail work"; "metal awnings". 6. Canopies and Awnings - Securitv Grilles - Paoes 11-220 and 221 A discussion ensued regarding canopies and awnings; however, no changes were made. Dan Dickerson, Fire Marshal, Fire Department, answered questions regarding security grilles and explained provisions of California Code of Regulations for Title 19 Occupancies. He stated that State Fire Marshals inspect sites covered under these provisions. The sites include primarily hospitals, nursing homes, and convalescent homes. Security grilles are prohibited for these establishments. No changes were made in this section. 19. XX. 050 - Design Guidelines for Rehabilitation and Infill Develovment - Paoes 11-223 throuoh 11-229 John Montgomery, Prine ipal Services Department, explained that mandatory. Planner, Planning/Building design guidelines are not Mr. David Schulze, representing the San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, expressed concern about design guidelines being included in the Development Code, as people might not understand that guidelines are not mandatory. He felt that the guidelines could be interpreted as being part of the requirements of the Development Code and suggested that the guidelines be included in a separate document. Larry Reed, Director, Planning/Building Services Department, explained that the intent is to have one complete document that provides all the regulations and policies necessary for a developer to plan a development. John Montgomery felt strongly that the guidelines should be a part of the Development Code. He explained that the 3 2/6/91 Development Code was formatted in this way so it is "user friendly". The standards and guidelines are available in the same location in the book, and are both part of the development framework. If the guidelines were in a separate document, the developer would have to purchase two documents and then match up the guidelines to the standards in the other document. He explained that the guidelines are adopted by resolution and the standards are adopted by ordinance. City Administrator Edwins suggested guidelines be printed on a different differentiate them from the standards. that colored the design paper to Mr. Schulze agreed that development of a set of guidelines would be very helpful, but urged that the development community be informed that they are just guidelines and not standards. The Council discussed whether developers would be required to conform to a certain percentage of the guidelines for approval of a project. John Montgomery explained that the introductory paragraph of the Design Guidelines Section states that the intent of the guidelines are general and may be interpreted with some flexibility in their application to specific projects. He agreed that the use of colored paper to differentiate guidelines from standards would be beneficial. David Schulze also agreed that using colored paper to differentiate the guidelines would help to address the concerns of the San Bernardino Valley Association of Realtors. CHAPTER 19.20 Property Development Standards - Paoe 111-1 and 2 Mr. Montgomery explained the provisions of the Property Development Standards Section. 3. Antennae. Vertical and Satellite Dish Desion Standards - Paoes 111-2 and 111-3 Mr. Schulze raised questions regarding Antennae, Vertical and Satellite Dish Design Standards. John Montgomery answered questions regarding regulations for ham radio antennas. He explained that only a building permit is required for their use. Sandra regulations Paulsen, require Senior Planner, explained that Federal that vertical antennae be treated in a 4 2/6/91 similar fashion as a satellite dish. discrimination between the two. There can be no A discussion followed regarding various regulations for antennae and satellite dishes. It was pointed out that in the event of a disaster where routine communication systems might be inoperable, possibly the only local communication system might be through ham radio operators. Sr. Assistant City Attorney Barlow answered questions, stating that there cannot be different standards for vertical antennae and dish antennae. However, there can be different standards for ham radio antennae for emergencies. Phil Arvizo, Executive Assistant to the Council, suggested that an expert from telecommunications be contacted for technical information on this issue. John Montgomery answered questions, stating that a permit is not required for a residential television antenna, unless the antennae is over a certain size. The following changes to the section were approved: Page 111-2 -" 3. B 3. Antennae Vertical and Satellite Dish Design Standards", was changed to read: "On any structure, unless architecturally screened, Q.t: approved by the Planning Commission " Page 111-3 - top of page, Item C. was amended to read as follows: "C. The maximum overall height for a ground mounted antennae shall be .2Q feet above grade." 5. Dust and Dirt - Paoe 111-4 A change to Item approved as follows: necessary to prevent temporarv irrioation. wind fences" C as proposed by John Montgomery was "5. C. Water graded areas as often as blowing dust or dirt, hydroseedino with addino a dust palliative. and/or buildino 7. Exterior Buildino/Structure Walls - Paoe 111-5 A discussion ensued regarding exterior building materials, such as aluminum and mirror type glass. John Montgomery answered questions, stating that aluminum windows tend to deteriorate and rust. He explained that shadow glass has been used extensively in the Hospitality Lane area. 5 2/6/91 Mirror glass is less desirable because it reflects light which in turn increases the heat factor. It was agreed that the following be deleted from Page 111-5: "4. The use of reflective 'mirror'-type glass windows, glass and metal panels shall not be permitted." Table 20.01 - Fences. Walls. and Hedges - Heioht and TYpe Limits - Paoe 111-6 The Table on Page 111-6 was amended as follows: Item 1. "Residential" - 3' 6" was changed to 4'; Item 2. "Commercial. Industrial and Institutional- abutting residential district" - 6' was changed to 8' C. Prohibited Fence Materials/Chain Link Fencino _ Paoe 111-7 John Montgomery answered questions regarding electrified fences. Mr. Schulze suggested that electrified fences would be appropriate in some areas of the City to reduce the incidents of certain domestic animals breaking through fences and bothering neighbors. The first paragraph under "C. Prohibited Fence Materials/ Chain Link Fencing" was amended by adding the following sentence to the end of the paragraph: "Agricultural uses may use electrified fences if approved by the Director." 12. Hazardous Materials - Paoe 111-9 throuoh III-II In the first two paragraphs on page 111-9, "substances" was changed to "materials". the word Mr. Montgomery answered questions regarding the definition of pipeline, stating that these regulations are in conformity with Federal guidelines. Sandra Paulsen answered communicated with the gas company the provisions of this section. questions, stating she had and they were in agreement with No changes were made on pages 111-10 and III-II. 6 2/6/91 Heioht Determination (Structures) - Paoes III-II and 111-12 Item F, provided sentence. Page 111-12 was amended by adding "except as for in this Development Code." to the end of the 15. Noise - Paoe 111-12 John Montgomery explained changes previously made to this Section. The first paragraph was amended by adding the end of the first paragraph: ", except burglar alarms and church bells." 17. Proiections/Construction and Eouipment Permitted into Setbacks - Page 111-13 the following to fire protection, John Montgomery stressed the importance of this section and suggested changes be made in Paragraph B. It was agreed that John Montgomery would draft new language for accessory structures in Paragraph B under this Section and bring back to a later Development Code Meeting. 20. Refuse Storage/Disposal - Paoe 111-14 Section 20. was amended to read as follows: "Every parcel with a multi-familv. commercial or industrial structure shall have a trash Trash receptacles for single family homes should be stored within the enclosed garage or behind a fence." 23. Solar Eneroy Desion Standards - Paoe 111-14 In Paragraphs A. B. and C., the word "shall" was changed to "should" . John Montgomery answered questions regarding the use of solar energy. A discussion ensued regarding costs. energy and conservation 24. Storaoe - Page III-IS John Montgomery answered questions regarding recreational vehicle storage areas. The first paragraph was amended by deleting "with the exception of recreational vehicles" and adding "except as allowed in the provisions of this Development Code" in its place." 7 2/6/91 26. Underoround Utilities - Page 111-16 Mr. regarding made. Montgomery and Sandra Paulsen answered questions undergrounding of utilities; however, no changes were John Montgomery agreed to provJ.sJ.ons to ensure compliance Development Code workshop. check on the undergrounding and report back at a later RECESS MEETING - TOUR NEW CITY HALL ANNEX (2) At 11:14 a.m., Mayor Pro Tempore Estrada recessed the meeting in order that the Council could tour the new City Hall Annex. She announced that the Adjourned Regular Meeting would reconvene at 1:00 p.m. in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1:15 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened as the Development Task Force Committee, due to the lack of a quorum, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Minor; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese. Absent: Mayor Holcomb; Council Members Flores, Maudsley, Pope-Ludlam, Miller; City Administrator Edwins. CHAPTER 19.22 Sion Reoulations - Paoes 111-17 throuoh 111-48 Principal Planner Montgomery explained that there had been a great deal of discussion regarding sign regulations during work sessions with representatives of the sign industry, primarily the Quiel Brothers. There was general agreement in the meetings and the results were presented to the Planning Commission, whose members concurred with the proposed standards. There were some problems concerning billboards which would have to be resolved by General Plan Amendments, therefore cannot be considered at this time. John Montgomery explained the changes that had been made to Section 19.22.040, Sign Permit Required, Page 111-22, to provide more clarity and flexibility. A discussion ensued regarding window signs. 8 2/6/91 CITY ADMINISTRATOR EDWINS RETURNED City Administrator Edwins returned to the meeting. Sandra Paulsen emphasized the in the Development Code to provide regulations. Sr. Assistant City Attorney regarding sign regulations. need for regulatory provisions for enforcement of window sign Barlow answered questions 19.22.060 - Prohibited Sions - paoe 111-24 Mr. Montgomery answered questions regarding neon signs. Larry Reed, Director, Planning/Building Services, answered questions regarding nonconforming signs. COUNCIL MEMBER FLORES RETURNED At 1:33 p.m., Council Member Flores returned to the meeting and a quorum was present. MEETING CALLED TO ORDER At 1:34 p.m., Mayor Pro Tempore Estrada called the Adjourned Regular Meeting of the Mayor and Common Council to order in the Management Information Center, (MIC) Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Reese with the following being present: Mayor Pro Tempore Estrada; Council Members Estrada, Reilly, Flores, Minor; Sr. Assistant City Attorney Barlow, Deputy City Clerk Reese, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Maudsley, Pope- Ludlam, Miller. John Montgomery explained changes in 19.22.060, Item F., page 111-24, which now reads as follows: "F. Changeable copy signs and electronic message boards, except as allowed by a CUP for movie theaters, areas, stadiums, or auto malls in the CR-4 Land Use Districts." C. Banners. Flaos and Pennants - Paoe 111-24 John Montgomery answered questions regarding the legality of displaying flags and pennants in the City. It was suggested that some provisions be made for the use of flags or pennants as part of "theme areas" within the City, or special seasons, such as Christmas. John Montgomery agreed to draft a special section relative to banners, flags and pennants and return with proposed language at a later Development Code Workshop. 9 2/6/91 Murals Mr. Montgomery answered questions relative to the legality of murals, stating there is nothing in the Development Code regarding murals. He explained that a sign permit is not required for a mural. Sandra they don't building. Paulsen stated that murals are acceptable as long as in any way reflect the business conducted in the A discussion ensued regarding what constitutes a mural and the difference between a mural and graffiti. Sr. stating painting Assistant City Attorney Barlow answered questions, that graffiti J.S usually a result of someone else on property that is not his/hers. No action was taken regarding murals. 19.22.070 Temporary Signs - Paoe 111-25 Principal Planner Montgomery answered questions regarding temporary window signs; however, no changes were made. 1. Replacement of Off-Site Billboard Sions on Same Site - Paoe III-26 Larry Reed, Director of Planning/Building Department, stated that Mayor Holcomb wanted to consider some replacement of billboards not on the same site. Services allowing Principal Planner Montgomery explained that the issue would be considered as a General Plan amendment at a later date, and no changes were made. 19.22.090 Abandoned Sions Maintenance - Paoes 111-28 and 111-29 Sion Construction and A discussion ensued regarding the definition of abandoned signs. John Montgomery answered questions; however, no changes were made. 19.22.150 - Inventorv and Abatement - Paoe 111-30 John Montgomery explained that provisions of this section are required by State law, which mandates the inventory and sets forth the timeframe for beginning the inventory. However, a date for completion is not set forth. He suggested the inventory could be done by interns or otherwise assigned. 10 2/6/91 Mr. Montgomery explained that legal nonconforming signs will be allowed to remain for fifteen years unless they are abandoned. The fifteen year timeframe is mandated by State law. COUNCIL MEMBER ESTRADA EXCUSED At 2: 17 p. m., Council Member Estrada left the meeting and no quorum was present. The meeting continued as a Development Code Task Force Committee Table 22.01 - Sion Reoulations by Land Use Cateoorv - Paoes 111-31 throuoh 111-39 John Montgomery explained the provJ.sJ.ons and changes made in Table 22.01. He stated that this Table had been carefully considered by the sign industry along with Planning staff and there has been agreement with these standards. Mr. Montgomery answered questions regarding wall signs on high rise buildings that can be seen from the freeway. He explained that only two signs are permitted without a variance. Sandra Paulsen stated that too many signs present a cluttered look. She suggested that a monument sign could be erected on the ground next to the building, and still have two signs at the top of the building for visibility from two directions. Table 22.01, page 111-35, was amended as follows: 2.a. Building Identification, Column under "Maximum Number" was amended by changing the number "Two" to "Four". A discussion ensued regarding the height of buildings. John Montgomery answered questions regarding roof signs. Mr. Schulze stated that the signs relative to real estate are in some tables and not others, and suggested either removing them completely, or for better clarity, include them in all the districts where allowed. John Montgomery agreed to make appropriate changes. CHAPTER 19.24 Off-Street parkino Standards - Paoe 111-49 John Montgomery proposed an amendment to be added to the end of Paragraph 3 under "General Regulations", page 111-49, as follows: "However, tenant improvements for any type of proposed permitted use in the CR-2 land use district shall not require additional parking spaces to be provided." 11 2/6/91 The amendment was approved. COUNCIL MEMBER REILLY EXCUSED At 2:20 p.m., Council Member Reilly left the meeting. Larry Reed, Director, Planning/Building Services Department, stated he felt the proposed amendment would encourage people to renovate their buildings. A discussion ensued regarding downtown parking. Mr. Montgomery explained that if a new building were built in the downtown area, new parking requirements would have to be met. However, if an existing building were renovated, the proposed amendment would provide that more parking was not required. Sr. City Assistant City Attorney Barlow answered questions regarding downtown parking during the evening hours. He explained that parking spaces used by office workers during the day would be available in the evening hours for those who may be eating at downtown restaurants. 19.24.030 - General Reoulations - Paoe III-50 The following changes were approved on page III-50: Paragraph 5. was amended by deleting the word "windowless" in the first line. Paragraph 9. was amended by inserting the word "apartments" after "Senior citizen" in the first line. 19.24.040 - Number of parkino Spaces Reouired. Page III-50 The number of required spaces for Mobile home parks was amended to read as follows: "2 covered spaces wi thin an enclosed garage, which may be tandem. . ." The number of required spaces for Multi-family Residential: Studio and 1 bedroom was amended to read as follows: "1.5 covered and 1 uncovered guest space for everv 5 units" The number of required spaces for Multi-family Residential: Two bedrooms was amended to read as follows: "2 covered and 1 uncovered guest space for every 5 units". Fioure 24-2 - parkino Standards - Paoe III-59 John Montgomery explained that changes are needed in Column "F" of Figure 24-2 regarding parking standards. He stated these 12 2/6/91 changes will be available for consideration at the next Development Code Workshop. 5. Driveways - Paoe 111-60 "Commercial/Industrial/Multiple Family Residential," was amended by adding "driveway" to the end of the sentence. 6. Landscapino - Page 111-60 Paragraph B. was amended by deleting the first sentence which reads as follows: "Interior parking spaces shall have a continuous 6 foot wide planter strip with 6 foot by 20 foot planter areas for every 8 parking spaces." In the same paragraph, the figure "5" was changed to "4". 8. Location of Reouired parkino Spaces - Page 111-61 The third paragraph was amended to read as follows: "No parking space required by this Chapter shall be located in the front, side or rear setback areas of any land use district except for a detached garage or carport structure and drivewavs which may be located in interior (non-street) side or rear setback areas" . 10. parkino Structures - Paoe 111-62 Paragraph C. was amended to read as follows: "C. Landscaped materials, excluding vertical element openings, shall be provided in planters and/or pots for 5% of the total surface deck area. The planters and/or pots shall be distributed throughout the top deck area, and perimeter of intermediate decks." 17. Stri9ing - Paoe 111-64 John Montgomery explained that a question had been raised regarding changing striping standards from a single line to a double line. He stated there appeared to be different standards in different areas of the City and agreed to check and resolve these differences. 18. Surfacing - Paoe 111-64 This section was amended to read as follows: "All parking areas shall be surfaced with a minimum thickness of 3 inches of asphaltic concrete, concrete, or any City Engineer approved bituminous surfacing over a minimum thickness of 4 inches of an aggregate base material. An appropriate structural section of slag or other material may be approved by the City Engineer and Director for storage areas of industrial uses, provided that 13 2/6/91 toxic or hazardous materials, including but not limited to those enumerated in Section 8.80.010 of the Municipal Code, are not located in such storage areas." CHAPTER 19.26 19.26.030 - Number of Loading Spaces Required - Paaes III-65 throuah III-67 John Montgomery explained changes made in this section. He stated that the landscaping requirements for parking areas has been changed from 5% to 15%. Also, that the requirement that 30% of parking spaces be compact has been removed. Mr. Montgomery and Larry Reed answered questions regarding compact parking spaces. CHAPTER 19.28 Landscapina Standards - Paae III-68 throuah III-79 Mr. Montgomery stated that the numbering of items on page III-69 should be adjusted, as No. 1 was inadvertently omitted. Landscapina Standards - Paae III-70 Principal Planner Montgomery answered questions regarding Item lIon Page III-70 which requires review of landscaping by three City departments. He explained that Parks, Recreation & Community Services reviews the species, irrigation and location. Planning confirms that landscaping location conforms to the site plan, and Engineering reviews the technicalities of the irrigation system. Table 28.01 - Screenina Reauirements - Paae III-72 John Montgomery answered questions regarding Table 28.01. The table associated uses" was amended by adding under "A" in the first five columns. "Churches and 19.28.080 - Maintenance of Landscaping - Paae III-76 Mr. Montgomery explained that Mayor Holcomb had requested certain changes to the second paragaraph of this section. Paragraph 2. was amended to read as follows: "2. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance agreement subject to the approval of the City Attorney. The agreement or covenant and easement to enter 14 2/6/91 and maintain shall ensure that if the landowner, or subsequent owners, fails to maintain the required/installed site improvements, the city will be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance." NEXT DEVELOPMENT CODE MEETING It was agreed that the next Development Code Meeting would be held at 10:00 a.m., Monday, February 11, 1991, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. CLOSED SESSION - CONTINUED FROM FEBRUARY 1, 1991 (3) The closed session item was continued to 9:00 a.m., Thursday, February 7, 1991, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. ADJOURN MEETING (4) At 3:23 p.m., the meeting was adjourned to 9:00 a.m., February 7, 1991, in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RACHEL KRASNEY City Clerk by: /!J{I24~d !"<!4L/ Doris Reese, D puty City Clerk No. of Items: 3 No. of Hours: 4.5 15 2/6/91