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HomeMy WebLinkAbout02-12-1991 Minutes City of San Bernardino, California February 12, 1991 This is the time and place set for an Adjourned Regular Meeting of the Mayor and CO\lll1lon Council of the City of San Bernardino at the Adjourned Regular Meeting held at 10:00 a.m., on Monday, February 11, 1991, in the Management Information Center (MIC), Sixth Floor, 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 Monday, February 11, 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 3:00 p.m., on Monday, February 11, 1991, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council was called to order at 10:13 a.m., Tuesday, February 12, 1991, by Mayor Pro Tempore Reilly 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; Deputy City Attorney Barbara Skropos, Deputy City Clerk Reese, City Administrator Edwins. Absent: Mayor Holcomb; Council Members Estrada, Maudsley, Minor, Pope- Ludlam, Miller. ANNOUNCEMENT BY MAYOR PRO TEMPORE REILLY - LACK OF A QUORUM Mayor Pro Tempore Reilly announced that due to the lack of a quorum, the meeting would proceed as the Development Code Task Force Committee. WORKSHOP - FINAL DRAFT OF THE DEVELOPMENT CODE - CONTINUED FROM FEBRUARY 11, 1991 (1) This is the time and place continued to for consideration of the Draft Development Code. RESIDENTIAL DISTRICTS CHAPTER Second Dwellina Unit/"Grannv" Housina Desian Standards. Paaes 11-28 and 11-29 Mr. David SChulze, San Bernardino Valley Association of Realtors, 1798 North "D" Street, San Bernardino, California, expressed concern regarding Item 9 of the design standards for 1 2/12/91 second unit, or "Granny" housing, page 11-29. He suggested that in some circumstances the unit should be separately metered for utilities. He suggested that Item 9 be amended to indicate that the second dwelling unit mav be separately metered, depending on circumstances, based on design, layout and proximity to electric and gas company lines and services. City Administrator Edwins expressed concern that San Bernardino had a great deal of substandard housing, and that separate utility meters are normally installed for rental property. Mr. Schulze also raised questions regarding deed restrictions, Item 10, page 11-29. He explained that he had forwarded a copy of the proposed language to the California Association of Real tors legal staff in Los Angeles, and asked whether State law required that deed restrictions be imposed on properties that would be converted for this use. Legal staff indicated that there was no requirement in State law that such provisions be imposed. Mr. Schulze explained that the provisions require that "Grandma" live in the principal residence, although she may prefer to live in the smaller unit. He recommended that no deed restriction be required, but that if one must be in place, that it not specifically require the owner-occupancy of the principal unit. Mrs. Edwins urged that the restriction be retained. She explained that statistics prove that San Bernardino had a disproportionate share of absentee landlords and rental housing, and an adequate supply of affordable housing. Larry Reed, Director, Planning and Building Services Department, explained that by requiring that the property be owner-occupied, there is some protection because owners take better care of property than absentee landlords. A discussion was held regarding housing conditions in San Bernardino compared to other areas in the State. Paragraph 9, page 11-29, was amended to read as follows: "The second dwelling unit may be metered separately from the main dwelling for gas, electricity, and water/sewer services." Paragraph 10, page 11-29, was amended to read as follows: "Prior to issuance of a building permit for the second dwelling unit, a covenant of restriction to run with the land, shall be recorded which specifies that the use of the second unit as an independent dwelling may continue only as long as one unit on the property is owner-occupied." 2 2/12/91 OFF-STREET PARKING STANDARDS CHAPTER 6. Landscapina. Paaes 111-60 and 111-61 Mr. Schulze explained that the Local Government Affairs Committee of the San Bernardino Valley Board of Realtors had concerns regarding the proposed increase of the landscaping requirement for parking from 5% to 15% of the gross parking area, and recommended that the 5% landscaping requirement be retained. John Montgomery, Principal Planner, Planning and Building Services Department, recommended that the proposed 15% figure be retained. No changes were made at this time. ADMINISTRATION CHAPTER 19.32.030 Applicabilitv. Paae IV-5 Mr. Montgomery answered questions regarding the time frame for completion of the certificate of occupancy process. Larry Reed answered questions relative to the broad classification of uses, and explained that a certificate of occupancy is not needed when there is a change of business, but not a change of Building Code classification. Mr. Reed stated there is a backlog of pending certificates of occupancy which are causing delays, and suggested that the certificate of occupancy process be separated from the Business License requirement. He explained that most cities do not tie business licenses to a certificate of occupancy. Director Reed explained that the certificate of occupancy is issued at the end of the building process, and indicates that all requirements and inspections have been met. It also indicates that the owner is responsible for maintaining the building up to the Code under which it was built, and the occupancy classification should not be changed to another use that is not permitted in that category. City Administrator Edwins agreed that separating the business license process from the certificate of occupancy process would be helpful. She explained that it would expedite the business licenses process, and provide the City with much needed revenue. She also suggested that a disclaimer be put on the business license that makes it clear that it is not a permit to occupy the building, and that a valid certificate of occupancy must be obtained. Mrs. Edwins explained that one negative aspect of separating the two processes would be the lack of follow-through calls made by the Business License Division relative to certificates of 3 2/12/91 .,--------------~-_._-- occupancy, through their code enforcement work. However, the Business License Division could focus on collecting revenue and not be detained by the certificate of occupancy process. Discussion ensued regarding enforcement of the requirement for a certificate of occupancy, and that routine inspections have been difficult to implement because of lack of manpower. Shauna Edwins explained two problems that have curtailed regular fire inspections, the pending Charlotte Reynolds lawsuit relative to fire inspectors, and an inadequate computer system.. Dan Dickerson, Fire Marshal, explained the need for an adequate computer system in the Fire Department to assist their working with the Business License Division. Lee Gagnon, Supervisor, Business License Division, explained that work is being done on the computer system so that the Fire Department will have access to the screens. City Administrator Edwins suggested that a trial separation of business licenses and certificates of occupancy be tried for one year, beginning July 1, 1991. John Montgomery deletion of Item No. business license. answered 3, page questions, stating that the IV-5, deletes references to a Council Members Reilly and trial separation of business occupancy processes. Flores agreed with the proposed licenses and certificates of Item 1, page IV-5, was amended to read as follows: "An application for a structure which is to be relocated, remodeled, or erected shall be filed at least 30 days prior to the intended occupancy. " Item 2, page IV-5, was amended to read as follows: "An application for a Certificate of Occupancy for the use of vacant land or structure(s), or a change in occupancy shall be filed at least 30 days prior to the intended use inauguration; and" Item 3, page IV-5, was deleted. New Item 3, page IV-5, (previously adding "A temporary" at the beginning changing "10 days" to "14 days". item 4) was amended by of the paragraph and 19.34 Home Occupation Permits. Paae IV-6 John Montgomery explained that language from Ordinance MC- 671 should be inserted in the second paragraph of Section 4 2/12/91 -'--"-"'-'-'---~--~--"-~~-'~-----"'-- .-.-----., .-.--- 19.34.020, occupation address. Page that IV-6, are which would exempt those types of home merely using the home for a business Mr. Montgomery answered questions regarding music lessons, academic tutoring and religious instruction. John Montgomery stated that the reviewed are those that have some neighborhood. He also proposed to occupancy permit, as the rates are very conditions that should be type of impact on the reduce fees for a home high at the present time. No changes were made. 19.36 Temporarv Use Permits. Paaes IV-9 throuah IV-12 City Administrator Edwins explained that problems had occurred with temporary use permits and felt restrictions should be implemented to prevent the sale of items in vacant lots throughout the City. She explained that portions of Perris Hill Park have booths for the sale of a variety of items. Larry Reed answered questions, stating that if the City ever wanted to permit a farmers' market, a designated area could be selected and conditions set forth to allow that use. A discussion was held regarding allowing the sale of items in booths in other parks in the City. John Montgomery answered questions, stating that the proposed fee for temporary use permits is $256. This is considerably less than the conditional use permit fee which would be required at this time for a temporary use permit. Item 6, page IV-9, was amended by deleting the following: "Other seasonal product sales, such as pumpkins, and. . ." 19.38 Minor Modification. Paae IV-13 Discussion ensued regarding this section; however, no changes were made. 19.40 Minor Exceptions. Paaes IV-14 throuah IV-17 A discussion was held regarding this section; however, no changes were made. 19.42 Variances. Paaes IV-18 throuah IV-21 Discussion ensued regarding this section; however, no changes were made. 5 2/12/91 .~_..._--_._-------_.~-_.-.--,._----_._-----_. 19.44. Development Permits. Paaes IV-22 throuah IV-25 Mr. Montgomery explained that this section has "Development Permits", and explained provisions 19.44.050, "Hearings and Notice", on page IV-23. been renamed of Section 19.44.060 Development Permit Ex~iration. Paae IV-24 This section was amended by adding the following: "In addition, if after commencement of construction, work is discontinued for a period of one year, then the (insert type of permit) shall become null and void. Projects may be built in phases if pre approved by the review authority. If a project is buil t in pre approved phases each subsequent phase shall have 1 year from the previous phase's date of construction commencement to the next phases's date of construction commencement to have occurred, or the (insert type of permit) shall become null and void. II John Montgomery answered questions bonds, and stated that a performance bond condition of approval, for conditional use permits. regarding performance can be required, as a permits or development 19.46.070 Conditional Use Permit Expiration. paae IV-28 This section was amended by adding the following: "In addition, if after commencement of construction, work is discontinued for a period of one year, then the (insert type. of permit) shall become null and void. Projects may be built in phases if pre approved by the review authority. If a project is buil t in preapproved phases each subsequent phase shall have 1 year from the previous phase's date of construction commencement to the next phases's date of construction commencement to have occurred, or the (insert type of permit) shall become null and void. " 19.48.160 Expiration. Paaes Iv-38 and IV-39 Mr. Montgomery explained provisions of the Subdivision Map Act which had been amended to provide that the final map had to be filed for processing within 24 months of approval of the tentative tract map. The City's present code requires that the final map shall be recorded within 24 months, and explained these two are in conflict and need to be resolved, as the present City Code is stricter than State law. It was pointed Barlow had worked on recommendations. out that Senior Assistant City Attorney this question, and would be contacted for 6 2/12/91 --_._----_.-~---------,,--_._-_._---"" RECESS MEETING - LUNCHEON BREAK At 11:56 a.m., the meeting recessed until 1:30 p.m., in the Management Information Center (MIC), Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 1:35 p.m., Mayor Pro Tem Reilly called the Adjourned Regular Meeting 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 Vale with the following being present: Mayor Pro Tem Reilly, Council Members Reilly, Flores; Deputy City Attorney Skropos, Deputy City Clerk Vale, Assistant City Administrator Wilson. Absent: Mayor Holcomb; Council Members Estrada, Maudsley, Minor, Pope-Ludlam, Miller. ANNOUNCEMENT BY MAYOR PRO TEM REILLY - LACK OF A QUORUM Mayor Pro Tem Reilly announced that due to the lack of a quorum, the Council meeting would proceed as the Development Code Task Force Committee. WORKSHOP FINAL DRAFT OF THE DEVELOPMENT CONTINUED FROM EARLIER IN THE MEETING This is the time and place continued to from meeting for consideration of the draft Development CODE- (1 ) earlier in the Code. ADMINISTRATION CHAPTER 19.48.160 Expiration. paaes IV-38 and IV-39 Discussion ensued and John Planning and Building Services relating to this section. Montgomery, Department, principal Planner, answered questions Item four of the section was amended to read as follows: "4. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. The final map or parcel map documents submitted for filing must be accepted as adequate for approval by Council by the City Engineer prior to the expiration date." 7 2/12/91 19.48.190 Citation and Authoritv. paoe IV-40 The title of this section was amended to read as follows: "19.48.190 Citation and Authority - Vesting Tentative Map". 19.48.200 Purpose. paoe IV-40 The title of this section was amended to read as follows: "19.48.200 Purpose - Vesting Tentative Map". 19.48.210 Application. paoe IV-40 The title of this section was amended to read as follows: "19.48.210 Application - Vesting Tentative Map". 19.48.220 Filino and Processino. page IV-41 The title of this section was amended to read as follows: "19.48.220 Filing and Processing - Vesting Tentative Map". 19.48.230 Expiration. paoe IV-43 The title of this section was amended to read as follows: "19.48.230 Expiration - Vesting Tentative Map". 19.50.030 Survev Reouired. paoes IV-45 and IV-46 A discussion was held and Mr. Montgomery answered questions relating to this section. Item one of the section was amended to read as follows: "1. Lot Corners: One inch iron pipe, 30 inches long, set 12 inches below ground level. Except, corners of lots fronting on streets may be marked by a lead and tag set in the permanent concrete curb along the prolongation of the lot line as approved by the City Engineer. Such monument shall be noted on the subdivision map. II LARRY REED, DIRECTOR, DEPARTMENT ARRIVED At 1:45 p.m., Larry Reed, Director, Services Department arrived at the Council PLANNING AND BUILDING SERVICES Planning and Building meeting. 19.50.080 Approval By Council. paoes IV-51 and IV-52 Discussion ensued and John Montgomery answered questions relating to this section. The fifth paragraph, page IV-52, of the section was amended to read as follows: "The Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or 8 2/12/91 installation of off-site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. Additionally, the Council shall not deny approval of the final map if the City has previously approved a tentative map for the proposed subdivision and if the Council finds that the final map is in compliance with the requirements of the Map Act, this Development Code, and the tentative map and all conditions thereof." Chapter 19.52 Specific Plans. pages IV-55 and IV-56 A discussion was held and Mr. Montgomery answered questions regarding this section; however, no changes were made. Chapter IV-58 19.54 General plan Amendments. paoes IV-57 and Discussion ensued and John Montgomery answered questions regarding this section; however, no changes were made. Chapter 19.56 Development Code Amendments. paoe IV-59 A discussion was held and Mr. Montgomery answered questions regarding this section; however, no changes were made. 19.58.030 Public Hearinos. paoes IV-61 and IV-62 The section was amended by changing all references in items four, five and six from "ordinance" to "resolution". 1. Mandatorv Contents. paoe IV-62 Discussion ensued and John Montgomery answered questions relating to this section. Item F of this section was amended to read as follows: "F. Provisions not permitting protection from a future increase in development fees;" 19.58.050 Execution and Recordation. paoe IV-63 A discussion was held and Mr. Montgomery answered questions regarding this section. Item one of the section was amended to read as follows: "1. The City shall not execute any development agreement until on or after the date upon which the resolution approving the agreement and enacted pursuant to Section 19.xx.xxx becomes effective." 9 2/12/91 Chapter 19.60 Surface Minino and Land Reclamation. paoes IV-65 throuoh IV-68 Discussion ensued and John Montgomery answered questions regarding the section; however, no changes were made. 19.62.020 Nonconformino Structures. paoes IV-69 and IV-70 A discussion was held and Mr. Montgomery answered questions relating to the section. Items one through four of the section were amended to read as follows: "1. . However, any residential structure(s), including multi-family, in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within two years after the catastrophe." "2. Necessary repairs and desired alterations may be made to a legal nonconforming residential structure(s), including multi-family, located in a residential land use district." "3. Reasonable repairs and alterations may be made to legal nonconforming structures, commercial, institutional, or industrial, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the replacement cost. " "4. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive 5 year period." 19.62.030 Nonconformino Uses. paoe IV-71 Discussion ensued, and items five through seven of the section were deleted, and replacement language was proposed on a handout distributed by John Montgomery, Principal Planner, Planning and Building Services Department, to read as follows: "5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming 10 2/12/91 use be expanded or changed, except as provided in 19.62.030 (6) and 19.62.030 (7)." "6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use subject to the granting of Development Permit after a public noticed hearing as specified in Section 19.66.020, and if all of the following findings are made: a. That the nonconforming use is similar to the uses originally allowed in the center or complex; b. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and, c. That the use of the entire center or complex has not been vacant or discontinued for a period of 6 or more consecutive calendar months." "7. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit after a public noticed hearing as specified in Section 19.66.020, and if all of the following findings are made: a. That such expansion or change is minimal; b. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties; c. That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and, d. That the use is existing discontinued for a period of 6 calendar months." and has not been or more consecutive 19.62.040 Abatement of Nonconformino Uses. paoe IV-72 A discussion was held and Mr. Montgomery answered questions regarding this section; however, no changes were made. 19.64.030 Fees. paoe IV-73 Discussion ensued and John Montgomery answered questions relating to this section. 11 2/12/91 The section was amended to read as follows: "The Council shall, by resolution, establish a schedule of fees for permits, pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the Council. Until all applicable fees have been paid in full, review shall not commence on any application. The City is not required to continue processing any application unless its fees are paid in full. Failure to pay the applicable fees is grounds for denial of the application." 19.66.040 Hearino Procedure. paoe IV-75 The section was amended to read as follows: "Hearings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given as required in this Chapter. The summary minutes or tape shall be prepared and an audio tape made and filed in the Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued." 19.66.0BO Effective Date. paoe IV-76 A discussion was held and Mr. Montgomery answered questions regarding this section. The section was amended to read as follows: "Development Permits which do not require a public hearing shall become effective upon approval. Minor Exceptions, Variances, Development Permits which require a public hearing and Conditional Use Permits, shall become effective 15 days following the final date of action (i. e., approval) by this appropriate review authority. Specific Plans, General Plan Amendments, Development Code Amendments, Development Agreements, and Surface Mining and Land Reclamation Plans shall become effective 30 days following the final date of action (i.e., adoption) by the Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment." 19.66.090 Appeal of Action. paoe IV-77 The section was amended determination or action taken by be appealed to the Commission. taken by the Commission. . ." to read as follows: "Any the Director or the DRC may only In a similar manner, any action 19.66.140 Reconsideration. paoe IV-77 A discussion was held and the section was added to read as follows: "If more complete or additional facts or information which may affect the original action taken on an application by a 12 2/12/91 ----------------------------------.-..-.-.- review authority are desired to be presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 19.66.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. " 19.68.020 APplication. paoes IV-78 and IV-79 Discussion ensued and items three through five of the section were amended to read as follows: "3. A use (i.e., residential project involving a change or intensification of land conversion of a shoe store to a restaurant, or a structure to an office use, etc.); and," "4. New or modified signs with review authority other than the Director." 5. This item was deleted. Chapter 19.70 Interpretation. paae IV-80 A discussion was held regarding this section; however, no changes were made. Chapter 19.72 Enforcement of Provisions. paoes IV-81 throuah IV-83 Discussion ensued regarding this section; however, no changes were made. 19.31.xxx Multiple Permit Applications. paae IV-4 A discussion was held and Mr. Montgomery answered questions relating to this section. The section was amended to read as follows: "An applicant for a development project which would require the filing of more than 1 land use permit application may file all related permits concurrently and pay appropriate fees, as outlined in Chapter 19.xx (Applications and Fees). Processing and environmental review could be concurrent and the final decision on the project shall be made by the highest level of review authority.. " Table 31.01 Threshold of Review. paaes IV-2 and IV-3 Discussion ensued and John Montgomery answered questions relating to the table. 13 2/12/91 The Development Industrial portions of actions: Permit, Residential, Commercial and the table were amended by the following Under the Commercial heading, the line item "All uses in CCS-1, 2, 3" was deleted. Under the Residential heading, the line item "12 + units" was amended by adding an "X" under Council, in addition to the "X" under Commission. Under the Commercial and Industrial headings, the line item "Tenant Improvements" were added, and an "X" was placed under Director. Table 06.01 Commercial and Industrial Districts List of Permitted Uses. pages 11-64 throuah 11-81 Discussion ensued and John Montgomery answered questions, however; no changes were made. Further consideration of the draft Development continued to a Public Hearing to be held Thursday, 1991, at 9:00 a.m., in the Council Chambers of City North "D" Street, San Bernardino, California. Code. March Hall, was 21, 300 ADJOURNMENT At 2:55 p.m., Regular Meeting. (3) Mayor Pro Tem Reilly adjourned the Adjourned RACHEL KRASNEY City Clerk /f? _' , /1 By )--./,!eZc J :;tee ,j( / Doris Reese. Deputy City Clerk By '-ffa~' Melanie Vale Deputy City Clerk / Pd& - No. of Items: 3 No. of Hours: 3.5 14 2/12/91