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HomeMy WebLinkAbout04-17-1991 Minutes City of San Bernardino, California April 17, 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, April 15, 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 April 15, 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 10: 00 a.m., Tuesday, April 16, 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 10:11 a.m., in the Council Chambers of 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, Minor, pope-Ludlam, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: City Administrator Edwins. READING OF RESOLUTIONS AND ORDINANCES City Clerk Krasney read the titles of all and ordinances on the regular, supplemental Development Commission agendas. the resolutions and Community COUNCIL MEMBER POPE-LUDLAM EXCUSED Council Member Pope-Ludlam left the Council meeting. WAIVE FURTHER READING OF RESOLUTIONS AND ORDINANCES Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that further reading of all resolutions and ordinances on the regular, supplemental and Community Development Commission agendas be waived. COUNCIL MEMBER POPE-LUDLAM RETURNED Council Member Pope-Ludlam returned to the Council meeting and took her place at the council table. COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 10:15 a.m., the Regular Meeting of the Community Development Commission was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San 1 4/17/91 Bernardino, California. WEST SIDE PLAZA FLOAT LOAN GUARANTEES (WELLS FARGO LINE OF CREDIT) - CONTINUED FROM APRIL 15, 1991 (R-2) This is the time and place continued to for consideration of an amendment to the Wells Fargo line of credit. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES - Continued from April 15, 1991 (R-2 C) Kenneth Henderson, Executive Director, Development Department, explained that the Department of Housing and Urban Development had approved in concept the potential substitution of collateral for the letters of credit issued by Wells Fargo Bank. Mr. Henderson explained that the Commission must certify that funds are available for the project by May 1, 1991; therefore, the item cannot be continued to the May 6, 1991 Commission meeting. Mr. Henderson answered questions, and recommended that the item be continued to the afternoon session to allow staff time to prepare a substitute Community Development Commission resolution to replace item two, motions A through D, which will delegate to the Executive Director the authority to make certain financial guarantees. (See page 19) CITY ATTORNEY PENMAN ARRIVED AND SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 10:15 a.m., City Attorney Penman arrived at the Council meeting and replaced Senior Assistant City Attorney Barlow. PUBLIC HEARING - ESTABLISHING AND MODIFYING FEES FOR PLANNING DIVISION SERVICES - ADOPTION OF RESOLUTION- CONTINUED FROM APRIL 15, 1991 (S-l) This is the time and place continued to for a public hearing to consider the establishment and modification of the Planning and Building Services fees. In a memorandum dated February 21, 1991, Larry Reed, Director of Planning and Building Services Department, recommended adoption of the resolution modifying the Planning Division fee schedule and establishing new fees for Planning Services as required by the adoption of the new Development Code. RES. 91-148 - RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTIONS NO. 83-201 AND 89-471, ESTABLISHING NEW FEES FOR PLANNING SERVICES - Continued from April 15, 1991 (S-l) 2 4/17/91 Mayor Holcomb opened the hearing. Shauna Edwins, City Administrator, explained that at a previous Council meeting a resolution was presented and a request granted to postpone the item in order to allow staff time to develop justification for the fee increases. A substitute resolution has been distributed which has been approved by the Department of Planning and Building Services and the City Attorney. It was recommended that the substitute resolution be adopted; and that a public hearing be held on July 16, 1991, relative to the establishment and modification of the Planning and Building Services fees. It was also recommended that the fee schedule be treated as a temporary fee schedule to remain' in effect for a period not to exceed 90 working days. Mrs. Edwins explained that 90 working days gives staff time to fully prepare justification for the fees. The substitute resolution will be in place until the justification is prepared. Shauna Edwins answered questions and justification would be prepared. She stated full report would be presented to the Council. explained how the that in 90 days a City Attorney Penman answered questions, and explained that State law requires that the City present justification for any fees that it charges. Mr. Reed answered questions, and stated that the substitute resolution is an amendment to Resolution 89-471 which is the current fee resolution. The substitute resolution sets new fees for permits that are being established by the Development Code. Mr. Reed clarified how fees are calculated. Mrs. Edwins answered questions, and explained that the fees are directly derived from the Development Code. Therefore, in each section in the Development Code where a permit is required, the Department of Planning and Building Services has established a charge for the permit. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that a public hearing be held on July 15, 1991, relative to the establishment and modification of the Planning and Building Services fees, and that the fee schedule be treated as a temporary fee schedule to remain in effect for a period not to exceed 90 working days; and that the substitute resolution be adopted. 3 4/17/91 Resolution No. 91-148 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. CITY ATTORNEY PENMAN EXCUSED At 10:30 a.m., City Attorney Penman left the Council meeting and was replaced by Senior Assistant City Attorney Barlow. CITY OF SAN BERNARDINO DEVELOPMENT CODE - TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE CONTINUED FROM APRIL 1, 1991 (1) This is the time and place continued to for consideration of the draft Development Code. In a memorandum dated March 12, 1991, Larry Reed, Director of Planning and Building Services Department, presented additional changes to the draft Development Code requested by the Planning and Building Services Department. Larry Reed, Director, Planning and Building Services Department, presented a chronological history of previous Development Code workshop discussions as presented in Attachments lA, 1B, and lC. California Government Code Section 65858 mandates a June 2, 1991, date for adoption of the new Development Code. In order to meet that deadline, the first reading of the Development Code ordinance must occur on or before April 26, 1991; the second reading of the ordinance must occur on May 3, 1991; then the effective date for the Development Code would be 30 days after adoption of the ordinance, Monday, June 3, 1991. A discussion was held regarding possible penalties if the second reading is not until May 6, 1991, and setting a meeting for May 3, 1991 in order to give the Development Code ordinance a first reading. Dennis Barlow, Senior Assistant City Attorney, stated that to his knowledge there are no penalties for late adoption of the ordinance, but recommended that the adoption occur on May 3, 1991. John Montgomery, Senior Planner, Planning and Building Services Department, explained that if the Development Code is not adopted on May 3, 1991, then the old Title 19 would be in effect, which has a different set of zoning districts and standards. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, to schedule a Meeting of the Mayor and Common Council, for Friday, May 3, 1991, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to give the 4 4/17/91 Development Code ordinance its first reading. AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON ATTACHMENTS A THROUGH AA (I-A) In a memorandum dated March 12, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that Attachment 1A be adopted to include the changes as shown on Attachments A through AA. Mr. Reed suggested two exceptions to the recommended motion: that Attachment A which delegates the power for General Plan interpretation; and Attachment K which deals with automobile sales vehicle storage, and incorporates a request from the Supervisor of the Code Enforcement section to clarify where vehicles can be stored, be continued to later in the meeting. 19.30.320 110\ Credit for Private Open Space. pacres 111-103 and 111-104. Attachment W (l-A) A discussion was held regarding credits for private open space, and Mr. Reed answered questions regarding this section; however, no action was taken at this time. 19.28.090 Removal or Destruction of Trees. Attachment S pacre 111-76. ( 1-A) Discussion regarding this time. ensued, section; and Mr . however, no Reed answered questions action was taken at this Council Member Miller made a motion, seconded by Council Member Minor, and unanimously carried, to amend the draft Development Code to include the changes as shown on Attachments A through AA, except Attachments A and K, of the memorandum dated March 12, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-A) CITY CLERK KRASNEY EXCUSED At 10:42 a.m., City Clerk Krasney left the Council meeting and the City Clerk's duties were assumed by Deputy City Clerk Vale. AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON ATTACHMENTS A THROUGH AA (I-A) Mr. Williams, Building Industry Association, Baldy View Region, 9227 Haven Avenue, Suite 280, Rancho Cucamonga, California, expressed concern regarding Section 19.28.090, Removal or Destruction of Trees, and the expense developers would incur in order to comply with the Code. Mr. Williams requested clarification on the portion of the section referring to the 5 4/17/91 Park, Recreation and Community Services Department's policies and procedures of the Western Chapter, International Society of Arborculture. Mr. Montgomery, Senior Planner, Planning and Building Services Department, answered questions, stating that the Parks, Recreation & Community Services Department currently has a policy and procedure manual for landscaping which contains the certified arborist report requirement. 19.28.090 Removal or Destruction of Trees. Attachment S pacre 111-76. (I-A) Council Member Estrada made a motion, seconded by Council Member Miller, and unanimously carried, to reconsider Attachment S, 19.28.090 Removal or Destruction of Trees, amending the previous motion, to amend the draft Development Code to include the changes as shown on Attachment A through AA, except Attachments A, K and S of the memorandum dated March 12, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-A) A discussion was held regarding the recommended changes. It was the consensus of the Council that to produce the best document possible, that all concerns brought up at this late hour should be addressed. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, that Attachment S, 19.28.090 Removal or Destruction of Trees, be amended in the second paragraph, second sentence, by adding the following: " .The report shall follow the Department of Parks, Recreation and Community Services Procedures and Policy. . .n COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:01 a.m., Council Member Pope-Ludlam left the Council meeting. AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON ATTACHMENTS A THROUGH M (l-B) In a memorandum dated March 22, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that Attachment 1B be adopted to include the changes as shown on Attachments A through M. Mr. Reed suggested one exception to the recommended motion: that Attachment L, (SRO) Single Room Occupancy standards, be continued to a later meeting. 6 4/17/91 Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, to amend the draft Development Code to include the changes as shown on Attachments A through M, except Attachment L (SRO) Single Room Occupancy Standards, of the memorandum dated March 22, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-B) COUNCIL MEMBER POPE-LUDLAM RETURNED At 11:05 a.m., Council Member pope-Ludlam returned to the Council meeting and took her place at the council table. DISCUSS ISSUES AND AMEND DRAFT DEVELOPMENT CODE AS DEEMED APPROPRIATE (l-C) In a memorandum dated April 5, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that 1C be adopted to include the changes as shown on Attachments A through P as follows: 2. Plannina Commission. C. Powers. paae 1-3. Attachment A (l-C) In a memorandum dated April 5, 1991, Larry Reed, Director, Planning and Building Services, recommended that the section be amended to read as shown on Attachment A, as follows: "C. Powers. Final approval for variances, specified Development Permits, Conditional Use Permits, Tentative Parcel Maps , Tentative Tract Maps, Reversions to Acreage, and Vesting Tentative Tract Maps subject to appeal to the Mayor and Common Council. Also, the Commission recommended to the Mayor and Common Council for final determinations on the following entitlements: Specific Plans, General Plan Amendments, Development Code Amendments, Development Agreements, and Surface Mining and Land Reclamation Plans. The Commission may also impose conditions of approval." 3. Director of Plannina and Buildina Services. C. Powers. paaes 1-3 and 1-4. Attachment B (l-C) In a memorandum dated April 5, 1991, Larry Reed, Director, Planning and Building Services, recommended that the section be amended to read as shown on Attachment B, as follows: "C. Powers. Final approval authority for an enforcement of Building Permits, Certificate of Occupancy, specified Development Permits, Home Occupation Permits, Minor Exceptions, Minor Modifications, Sign Permits, Similar Use Determinations and Temporary Use Permits. All of the above, except Building Permits and Certificates of Occupancy, are subject to appeal to the Planning Commission. The Director may impose conditions of approval or make interpretations of this Development Code and 7 4/17/91 General Plan Interpretations which may be appealed to the Planning Commission." Mr. Reed answered questions regarding the recommendation, and explained that in the past, the practice has been to allow the Planning Commission authorization to make General Plan interpretations. It was felt that to allow maximum flexibility and provide expediency that the power should be vested with the Director of Planning and Building Services. Council Member Reilly made a motion, seconded by Council Member Minor, to amend the draft Development Code to include the changes as shown on Attachments A and B of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-C) The motion carried by the following vote: Members Reilly, Maudsley, Minor, Pope-Ludlam, Council Members Estrada, Flores. Absent: None. Ayes: Council Miller. Nays: Table 31. 01. Attachment C Threshold of Review. paaes IV-2 and IV-3. (l-C) In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that the Threshold of Review table be amended to read as shown on Attachment C, as follows: "Director DRC Commission Council Development Permits Residential: 1-4 Dwelling Units X 5-11 Units X 12 + Units X or X Commercial: Tenant Improvements X 1-30,000 sq. ft. X 30,000 + sq. ft. X Industrial: Tenant Improvements X 1-50,000 sq. ft. X 50,000 sq. ft. X" Mr. Reed answered questions regarding the recommendation, and explained that in order to expedite the review process, it is proposed to allow the Development Review Committee (DRC) to be the review authority for all development permits. Director Reed answered questions, and explained that State law does not require Planning Commission approval of development permits; that residential development permits for 12 or more 8 4/17/91 units would still go before the Planning Commission for approval; and that with the Development Code standards and guidelines, it was felt that requiring Planning Commission approval would only delay the development process. John Montgomery, Senior Planner, Planning and Building Services Department, answered questions and explained that where a commercial or industrial development proposal was adjacent to a residential land use district, a notice of the development proposal would be sent to the neighboring property owners within 500 feet of the project. Council Member Reilly made a motion, seconded by Council Member Pope-Ludlam, to amend the draft Development Code to include the changes as shown on Attachment C of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-C) The motion carried by the following vote: Members Reilly, Maudsley, Minor, Pope-Ludlam, Council Members Estrada, Flores. Absent: None. Ayes; Council Miller. Nays: COUNCIL MEMBER ESTRADA EXCUSED Council Member Estrada left the Council meeting. 19.28.090 Removal or Destruction of Trees. Attachment D ~age III-76. (l-C) In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services, recommended that the section be amended to read as shown on Attachment D, as follows: "Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged. In the event that more than 5 trees are to be cut down, uprooted, destroyed or removed within a 36 month period, a permit shall first be issued by the Department. Prior to any permit issued for tree removal, all existing trees on-site shall be included in a certified arborist report procured by the Department of Parks, Recreation and Community Services at the developer's expense. The report shall follow the Department of Parks, Recreation and Community Services Procedure and Policy of the Western Chapter, International Society of Arborculture. Each tree that is removed in a new subdivision and is considered to be of significant value by a certified arborist's report shall be replaced with a 36 inch box specimen tree in the subdivision in addition to any other required landscaping. Commercial tree farms and the City shall be exempt from this provision." 9 4/17/91 Council Member Flores made a motion, seconded by Council Member Miller, and unanimously carried, to amend the draft Development Code to include the changes shown on Attachment D of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-C) Discussion ensued regarding the requirement for a permit to remove five or more trees, the cost of the permit, the potential for exempting single family residences, and whether this provision would require a tree for tree replacement. Mr. Reed recommended, and the Council concurred, that Attachment D, Removal or Destruction of Trees, be continued to the afternoon session to allow staff time to develop amended language incorporating the Council's concerns. (See page 14). COUNCIL MEMBER ESTRADA RETURNED Council Member Estrada returned to the Council meeting and took her place at the council table. 4. Animal and Plant Life. Attachment E paaes 11-204 and 11-205. (l-C) In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that the section be amended to read as shown on Attachment E, as follows: "A. Areas of a site which are identified in the environmental study as having biological significance shall be preserved unless exempted by the Planning Commission through the Conditional Use Permit process." Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, to amend the draft Development Code to include the changes as shown on Attachment E of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department. (I-C) 4. Design Considerations. Attachments F throuah M (I-C) In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that the section be amended to read as shown on Attachments F through M, by the following actions: Delete standard G "All structure elevations shall be architecturally treated." from page 111-3, Attachment F; and place standard G on the following pages, in the design guidelines for Residential, Commercial and Industrial Development, page 11- 42, Attachment I; page 11-127, Attachment K; and page 11-145, Attachment M. (I-C) 10 4/17/91 Delete standard I "Both sides of all perimeter walls or fences shall be architecturally treated." from page 111-4, Attachment G; and place standard I on the following pages, in the design guidelines for Residential, Commercial and Industrial Development, page 11-37, Attachment H; page 11-125, Attachment J; and page 11-142, Attachment L. (I-C) It was pointed out that by allowing these two items to be placed in design guidelines, they will no longer be mandatory, and will be implemented on a case by case basis. Council Member Maudsley made a motion, seconded by Council Member Flores, to deny the request from staff to amend the draft Development Code to remove standards G and I from 4. Design Considerations, pages 111-3 and 111-4, as shown on Attachments F and G, and placing standards G and I in the Design Guidelines for Residential, Commercial and Industrial Development, pages 11-37, 11-42, 11-125, 11-127, 11-142, and 11-145, as shown on Attachments H through M. (l-C) The motion carried by the following vote: Members Flores, Maudsley, Minor, Miller. Nays: Estrada, Reilly, Pope-Ludlam. Absent: None. Ayes: Council Council Member Mayor Holcomb vetoed the previous motion. Director Reed answered questions regarding the affordability of housing, the value of architectural treatments in upgrading the quality of housing in the City, and stated that these standards would apply to residential, commercial and industrial structures. RECESS MEETING At 12:02 p.m., Mayor Holcomb recessed the meeting to 2:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE MEETING At 2:08 p.m., Mayor Holcomb called the Adjourned Regular Meeting to order in the Council Chambers of 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, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney. Absent: Council Members Maudsley, Pope- Ludlam; City Administrator Edwins. CITY OF SAN BERNARDINO DEVELOPMENT CODE - TITLE 19 OF THE SAN BERNARDINO MUNICIPAL CODE CONTINUED FROM APRIL 1, 1991 (1) 11 4/17/91 DISCUSS ISSUES AND AMEND DRAFT DEVELOPMENT CODE AS DEEMED APPROPRIATE (l-C) 7. Miscellaneous. paae 11-180. Attachment N (l-C) In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that the section be amended to read as shown on Attachment N, as follows: "7. Miscellaneous. All future transfers of property shall disclose to the purchaser at the time of purchase agreement and the close of escrow the high fire hazard designation applicable to the property (A+B+C)." 6. Geotechnical. paae 11-204. Attachment E (l-C) Larry Reed answered questions relating to the section. Dennis Barlow, Senior Assistant City Attorney, stated that upon the sale of property, there are requirements that the developer disclose any negative aspects relating to the property, and this item would be included in those disclosures. In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that the section be amended to read as shown on Attachment E, as follows: "6. A statement shall be included at the time of purchase agreement and close of escrow to the purchaser of each lot within the development, which informs the prospective owner of the potential for seismic activity, and the potential hazards." Council Member Minor made a motion, seconded by Council Member Reilly, and unanimously carried, to amend the draft Development Code to include the changes as shown on Attachments N and E, respectively, of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-C) E. Hazardous Materials. paae 111-11. Attachment 0 (l-C) In a memorandum dated AprilS, 1991, Larry Reed, Director, Planning and Building Services Department, recommended that the first paragraph on page III-ll be amended to read as shown on Attachment 0, as follows: "A subdivider of a development within 500 feet of a pipeline shall notify a new owner at the time of purchase agreement and at the close of escrow of the location, size, and type of pipeline." (l-C) 12 4/17/91 COUNCIL MEMBER MAUDSLEY ARRIVED At 2:12 p.m., Council Member Maudsley arrived at the Council meeting and took his place at the council table. Council Member Reilly made a motion, seconded by Council Member Miller, to amend the draft Development Code to include the changes as shown on Attachment 0 of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department. (l-C) The motion carried by the following vote: Members Estrada, Reilly, Flores, Minor, Miller. Absent: Council Member Pope-Ludlam. Abstain: Maudsley. Ayes: Council Nays: None. Council Member AMEND DRAFT DEVELOPMENT CODE TO INCLUDE CHANGES AS SHOWN ON ATTACHMENTS A THROUGH M (l-B) Sinale Room Occupancv (SRO) Facilitv Standards. Attachment L (l-B) John Lightburn, P. O. Box 1622, San Bernardino, California, expressed concern that SRO facilities would not be developed in the City without government subsidies. The requirements contained in the proposed ordinance make it impractical to build a structure to meet the goals outlined in the General Plan housing element. Mr. Lightburn requested that the SRO standards be continued to a later meeting so that further discussions among the Council, the City's Homeless Committee, and perhaps the County Housing Authority, and the City's consultant can be conducted to review his concerns. Mr. Lightburn felt that the ordinance is not practical due to excessive requirements to provide such items as infrared cameras for security, public transportation access, rent control, a management plan, and bicycle racks. He explained that State law allows efficiency dwelling units to house two people in 150 square feet, while the City's ordinance allows one person per 150 square feet. A discussion was held regarding Mr. Lightburn' s concerns; and Mayor Holcomb requested that Mr. Lightburn present his concerns in writing for staff to review. Mayor Holcomb recommended that the item relative to Single Room Occupancy (SRO) standards, be continued to the meeting scheduled for May 6, 1991, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 4/17/91 DISCUSS ISSUES AND AMEND DRAFT DEVELOPMENT CODE AS DEEMED APPROPRIATE (l-C) 19.28.090 Removal or Destruction of Trees. Attachment D paae 111-76. (l-C) Larry Reed, Director, Planning and Building Services Department, distributed a handout which recommended that the Section be amended to read as shown on substitute Attachment D, as follows: "Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged. In the event that more than 5 trees are to be cut down, uprooted, destroyed or removed within a 36 month period, a permit shall first be issued by the Department. Prior to any permit issued for tree removal, all existing trees on-site shall be included in a certified arborist report procured by the Department of Parks, Recreation and Community Services at the developer's expense. The report shall follow the Department of Parks, Recreation and Community Services Procedures and Policies. Unless there is a pre-approved tree replacement plan, each tree that is removed in a new subdivision and is considered to be of significant value by a certified arborist report shall be replaced with a 36 inch box specimen tree in the subdivision in addition to any other required landscaping. Commercial tree farms, City Government projects, and individual single family residential lots less than one acre shall be exempt from this provision." A discussion was held regarding this section, and Mr. Reed answered questions relating to the new proposed language. Council Member Miller made a motion, seconded by Council Member Flores, to adopt the proposed language. Mayor Holcomb recommended that additional language be added to clarify that the tree replacement plan would not require a tree for tree replacement. Mr. Reed answered questions relating to the language clarification proposed by Mayor Holcomb. Dennis Barlow, Senior Assistant City Attorney, stated that in a pre-approved tree replacement plan, where a private individual gives trees to another private individual, the City would be involved only so far as to approve the plan. The language presented by Larry Reed states that without the pre- approved plan, a tree for tree replacement would be required; however, with the pre-approved plan it may not. Mayor Holcomb recommended that the proposed language be 14 4/17/91 clarified to state that the tree replacement plan does not necessarily require a tree for tree replacement. Mr. Barlow, Senior Assistant City Attorney, stated that a definition of "tree" may be necessary, and gave the example that for property tax purposes a tree must be seven years old. A discussion was held regarding the proposed language and the tree replacement plan. John Montgomery, Principal Planner, Planning and Building Services Department, clarified the proposed language on the handout emphasizing that it now exempts individual single family residences, and stated that an arborist's report is required in order to determine the significant value of the tree. Council Member Flores withdrew his second to the motion to adopt the proposed language on the handout distributed by Larry Reed, as he did not concur with Mayor Holcomb's amended language regarding tree for tree replacement. Council Member Miller repeated her earlier motion, seconded by Council Member Reilly, to adopt the amended language as presented by Larry Reed in the handout. The motion failed by the following vote: Ayes: Members Reilly, Minor, Miller. Nays: Council Members Flores, Maudsley. Absent: Council Member Pope-Ludlam. Council Estrada, Council Member Estrada made a motion, seconded by Council Member Reilly, to adopt the following amended language in the handout from Larry Reed: "Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged. In the event that more than 5 trees are to be cut down, uprooted, destroyed or removed within a 36 month period, a permit shall first be issued by the Department. Prior to any permit issued for tree removal, all existing trees on-site shall be surveyed by the Department of Parks, Recreation and Community Services at the developer's expense. Unless there is a pre-approved tree replacement plan, each tree that is removed in a new subdivision and is considered to be of significant value by the Department of Parks, Recreation and Community Services shall be replaced with a 36 inch box specimen tree in the subdivision in addition to any other required landscaping. Such a plan does not necessarily require a tree for tree replacement provision. Commercial tree farms, City Government projects, and individual single family residential lots less than one acre shall be exempt from this provision." 15 4/17/91 The motion carried by the following vote: Ayes: Members Estrada, Reilly, Minor, Miller. Nays: Council Flores, Maudsley. Absent: Council Member Pope-Ludlam. Council Members 4. Design Considerations. Attachments F throuah M (l-C) Mayor Holcomb recommended that a stipulation imposing conditions of notification should a design guideline be waived, be added to pages 11-37, 11-42, 11-125, 11-127, 11-142, and 11- 145, Attachments H through M, so that the recommendation to amend the draft Development Code as shown on the memorandum dated April 5, 1991, from Larry Reed, Director, Planning and Building Services Department, could be adopted. (l-C) Director circumstances waived. Reed answered architectural questions treatment clarifying under which requirements could be Council Member Maudsley made a motion, seconded by Council Member Minor, to amend the draft Development Code to include the changes as shown on attachments H through M, of the memorandum dated AprilS, 1991, from Larry Reed, Director, Planning and Building Services Department, to include a stipulation on Attachments H through M to read as follows: "Unless there is a compelling reason, these design guidelines shall be followed. If a guideline is waived by the Development Review Committee, the Mayor and Common Council shall be notified. An appeal, which does not require a fee, may be filed by the Mayor or any Council person within 15 days of the waiver approval." The motion carried Members Estrada, Reilly, Member Flores. Absent: by the following vote: Ayes: Maudsley, Minor, Miller. Nays: Council Member Pope-Ludlam. Council Council ORDINANCE AND RESOLUTION ADOPTING DEVELOPMENT CODE. TITLE 19. AND ACCOMPANYING DESIGN GUIDELINES (1-4) Council Member Miller made a motion, seconded by Council Member Maudsley, and unanimously carried, that staff be directed to develop an ordinance and resolution to adopt the City of San Bernardino Development Code, Title 19, and accompanying Design Guidelines. Mr. Reed explained that California Government Code Section 65858 requires that the first reading of the Development Code ordinance must occur on or before April 26, 1991. PUBLIC HEARING - ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04 - CONTINUED FROM APRIL 1, 1991(2) 16 4/17/91 This is the time and place continued to for a public hearing to consider adoption of the negative declaration of environmental impact and adopting General Plan Amendment No. 91-04. In a memorandum dated March 12, 1991, Larry Reed, Director, Planning and Building Services Department, presented a synopsis of previous Council action and stated that on March 6, 1991, the Planning Commission recommended approval of proposed General Plan Amendment No. 91-04, to amend various tables, policies, and implementations contained in the General Plan to enable the adoption of the Development Code. Mayor Holcomb opened the hearing. RES. 91-149 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(A) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (DEVELOPMENT CODE) - Continued from April 1, 1991 (2) RES. 91-150 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(B) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (VERDEMONT AREA PLAN) - Continued from April 1, 1991 (2) RES. 91-151 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(C) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (CENTRAL CITY SOUTH OVERLAY DISTRICT) - Continued from April 1, 1991 (2) RES. 91-152 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(D) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (FOOTHILL FIRE PROTECTION) - Continued from April 1, 1991 (2) RES. 91-153 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(E) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (RETAIL USES IN CR-2 - COMMERCIAL REGIONAL DOWNTOWN)- Continued from April 1, 1991 (2) 17 4/17/91 RES. 91-154 - RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING GENERAL PLAN AMENDMENT NO. 91-04(F) TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO. (COMBINATION RESIDENTIAL/OFFICE USES IN COMMERCIAL OFFICE DISTRICTS CO-1 & CO-2) - Continued from April 1, 1991 (2) Council Member Maudsley made a motion, seconded by Council Member Flores, that said resolutions be adopted. Resolution Nos. 91-149, 91-150, 91-151, 91-152, 91-153, and 91-154 were adopted by the following vote: Ayes: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Nays: None. Absent: Council Member Pope-Ludlam. Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed, and that the resolution amending Table 1 of the General Plan relative to the Verdemont Area Plan, and adopting the negative declaration, be approved. (Exhibit 3) (2) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed, and that the resolution amending Table 1 of the General Plan relative to Central City South Overlay District, and adopting the negative declaration, be approved. (Exhibit 4)(2) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed, and that the resolution amending 8 pages of the General Plan relative to Foothill Fire Protection, and adopting the negative declaration, be approved. (Exhibit 5) (2) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed, and that the resolution amending the General Plan relative to ground floor retail uses in the CR-2 (Commercial Regional-Downtown), and adopting the negative declaration, be approved. (Exhibit 6) (2) Council Member Maudsley made a motion, seconded by Council Member Flores, and unanimously carried, that the hearing be closed, and that the resolution amending the General Plan relative to combination residential/office uses in the Commercial Office districts (CO-1 and CO-2), and adopting the negative declaration, be approved. (Exhibit 7) (2) COMMUNITY DEVELOPMENT COMMISSION - REGULAR MEETING At 2:50 p.m., the Adjourned Regular Meeting of the Community Development Commission was called to order by Chairman Holcomb in the Council Chambers of City Hall, 300 North "D" Street, San 18 4/17/91 Bernardino, California. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF UNDERTAKING CERTAIN REDEVELOPMENT ACTIVITIES- CONTINUED FROM APRIL 15, 1991 (Discussed earlier in the meeting, see page 2) (R-2 C) Dennis Barlow, Senior Assistant City Attorney, explained that a substitute resolution had been distributed which combines the options listed in agenda item two, motions A - D, into one resolution which will no longer be a Mayor and Common Council item, but only a Community Development Commission item. The substitute Community Development Commission resolution delegates to the Executive Director the authority to make certain financial guarantees. Council Member Estrada made a motion, seconded by Council Member Flores, and unanimously carried, to schedule a meeting of the Mayor and Common Council, for Monday, April 22, 1991, at 1:00 p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, in order to adopt an urgency ordinance making the Development Code effective on June 3, 1991. RECESS MEETING - CLOSED SESSION (3) At 3:05 p.m., the Mayor and Common Council and Community Development Commission recessed to closed session to meet with designated representative regarding labor relations matters pursuant to Government Code Section 54957.6. CLOSED SESSION At 3:06 p.m., Mayor Holcomb called the closed session to order in the conference room of the Council Chambers of 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, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. ADJOURN CLOSED SESSION At 3:25 p.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 3:26 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers 19 4/17/91 of 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, Minor, Miller; Senior Assistant City Attorney Barlow, City Clerk Krasney, City Administrator Edwins. Absent: Council Member Pope-Ludlam. ADJOURNMENT (4) At 3:27 p.m., Mayor Holcomb adjourned the meeting to 7:00 p.m., Thursday, April 18, 1991, at Sturges Auditorium, 780 North "E" Street, San Bernardino, California. RACHEL KRASNEY City Clerk By/kk44/ '~:z. Melanie Vale Deputy City Clerk No. of Items: 5 No. of Hours: 3.5 20 4/17/91