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HomeMy WebLinkAbout43-Planning and Building CITY OF SAN BER.RDINO - REQUESTfoR COUNCIL ACTION From: Al Boughey, Director Subject: Development Code Amendment No 91-( Dept: Planning & Building Services Mayor and Common Council Meeting Hay 18, 1 9 9 2 Date: April 30, 1992 Synopsis of Previous Council action: On 11arch 3, 1992 the Planning Commission recommended approval of Development Code Amendment No. 91-06. Recommended motion: That the hearing be closed and further reading of said ordinance be waived and laid over for final adoption; or That the hearing be closed and the ordinance be denied. Al Contact person: Al Boughey Supporting data attached: Staff Report, Ordinance Phone: 384-5357 Ward: Citywide FUNDING REQUIREMENTS: Amount: $25.00 Source: (Acct. No.) 001-171-53150 (Acct. DescriPtion) Professional Services Finance:~~J JJ ~ Council Notes: 75-0262 Agenda Item No. "3 · CITY OF SAN BER~DINO - REQUEST .R COUNCIL ACTION STAFF REPORT Subject: Development Code Amendment No. 91-06 Mayor and Common Council Meeting of May 18, 1992 REOUEST This proposal, initiated by the Mayor and Common Council, is to amend the City Development Code, section 19.060.20, to permit membership organizations, including churches and fraternal groups, in a wider band of commercial and industrial land use designations, subject to review and approval of a Development Permit and/or a Conditional Use Permit. BACKGROUND Development Code Amendment (DCA) No. 91-06 would permit membership organizations, including churches in additional commercial and industrial land use designations than is presently allowed, subject to a Development Permit or Conditional Use Permit. The Planning commission reviewed the proposal on March 3, 1992 and recommended approval of Development Code Amendment No. 91-06 to the Mayor and Common Council by a 5 to 0 vote, based on the Findings of Fact in the PC staff report (see, Exhibit 1 and 1-A & 1~~). No changes are proposed for churches in all residential districts. Proposed DCA No. 91-06 is exempt from California Environmental Quality Act (CEQA) review under section 15300.4., since the adoption of the Development Code has already addressed any potential impacts of membership organizations within most of the City's commercial and industrial land use districts and the proposal is for an expansion into 4 additional land use designations which have very similar types of allowable uses and permitted activities. Subsequent submittals of specific projects will still be reviewed to determine if their proposals meet or exceed the tresholds for CEQA review and/or exemption status. The conclusions of the March 3, 1992 staff report to the Planning Commission were that membership organizations are similar to other office type uses within enclosed structures though their membership numbers, hours of operation and, in general, activity levels are normally less intense and there are, presently, several well- established membership organizations throughout the City that have operated for years without notable impacts to adjoining commercial and residential properties and, as such, have shown to be a compatible use to surrounding community areas. 75-0264 . . DCA 91-06/Staff Report Mayor and Common Council May 18, 1992 Meeting Page 2 OPTIONS AVAILABLE TO THE ~YOR AND COMMON COUNCIL The MCC may adopt the ordinance and approve DCA 91-06 based on the Findings of Fact or the MCC may deny DCA 91-06. RECOMMENDATION Staff recommends that the Mayor and Common Council approval Development Code Amendment No. 91-06. Prepared by: Paul G. Scroggs Assistant Planner for Al Boughey, Director Planning and Building Services Exhibits: 1 - Staff Report to Attachment I-A Attachment 1-B included) 2 - Ordinance the Planning Commission Findings of Fact Development Code Table (not pgs DCA91-06 MCCsfr e." .:.... ~ '"" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 5 SUMMARY HEARING DATE 3-3-92 WARD Citywide ...... ~ w en < (.J ... en w ~ o w a:: ....... <C w a:: < DEVELOP~~ CODE AML~DMENT NO. 91-06 APPUCANT:City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 OWNER: Various Proposed amendment to Development Code, Section 19.06.020 to permit me~ership organizations, including churches and fraternal groups, subject to Conditional Use Permit or Development Permit Review in Commercial and Industrial land use designations. Citywide. PROPERTY EXISTING LAND USE ~ < ... zen w" :Ez z- O~ fE:z > z w anr a- <;AN ~ ~-~ FLOOD HAZARD C "ES :J ZONE A ZONE: 0 NO C ZONE B GEOLOGIC I SEISMIC 0 YES HAZARD ZONE: 0 NO HIGH FiRE HAZARD ZONE: :J YES ::: NO AIRPORT NOISEI CRASH ZONE: o POTENTlAL SIGNIACANT CFFE~TS WITH MmG-'nNG MEASURES NO E.1.R ~ EXEMPT 0 E.I.R. RECUIRED BUT NO t SICNIRCANT EFFEClS Reviewed a WITH MlTIGAnNG specific project MEASURES 15vNb\IGN'RCANT 0 SIGNIRCANT EFFEClS EFFECTS SEE A IT ACHED E.R.C. p nNUTES o NOT APPUC".ABLE ZONING GENERAL PLAN DESIGNA TlON eves ) C SEWERS: [} NO REDEVELOPMENT PROJECT AREA: = YES r- YES ~ ~ 111 ~ IL~ ILZ cw J-:! en:! 0 0 w a: :J NO ~ "?PROVAL o CONDITIONS o DENIAL o CONTlNUAN':E TO P\.AN-9.o:z P~E 1 OF' (~ Exhibit 1 ~.. ~, .;J .... CITY OF SAN BERNARDINO --------------- MEMORANDUM To Planning commission From Al Boughey, Director Planning & Bldg. Srvcs. Subject Development Code Amendment No. 91-06 Date March 3, 1992 APPLICANT City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 REOUEST AND LOCATION This proposal, initiated by the Mayor and Common Council, is to amend the City Development Code, section 19.060.20, to permit membership organizations, including churches and fraternal groups, in a wider band of appropriate commercial and industrial land use designations throughout the City, subject to review and approval of a Development Permit and/or Conditional Use Permit. As proposed, memberShip orqanizations would be permitted in the following land use designations, including: CN, Commercial Neighborhood , with an approved Condi tional Use Permiti and CO-I, CO-2, Commercial Office; CG-1, CG-2, Commercial General; CR-2, CR-3,. Commercial Regional; CH, Commercial Heavy; OIP, Office Industrial Park; IL, Industrial Light, and CCS-1, CCS-2, Cent=al City South, subject to an approved Development Permit Review. BACKGROUND At the December 16, 1991 regularly scheduled meeting of the Mayor and Common Council, a motion was made to direct -=.he Planning Department staff to propose a Development Code Amendment to permit the operation of fraternal organizations in the IL; Ind~strial Light land use designations and in any other appropria~e city land use districts. In February, 1992 their request was expanded to include churches and other membership groups over a wider band of appropriate City commercial and industrial land use designations, as identified above. Development code.endment No. 91-06 Planning Conuniss . Meeting March 3, 1992 . Page 2 ..:-: MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Presently, the city Development Code permits churches in all residential land use districts, subject to a Conditional Use Permit approval. No change would be made to either these current CUP requirements or allowance for churches to be located within these residential districts. CUrrent city Codes also allow churches in nine (9) co~~ercial and industrial land use designations which include: CN, Commercial Neighborhood: CO-l, CO-2, Commercial Office: CG-l,. CG-2, CG-3, CG-4, Commercial General: CR-2, Commercial Regional; and IL, Industrial Light, subject to a Conditional Use Permit approval. Membership organizations are presently allowed in eight (8) commercial and industrial City land use designations that include: CO-l and CO-2, Commercial Office: CR-2, CR-3, Commercial Regional; CG-l, CG-2, Commercial General and comparable CCS-l, Central City South general commercial districts; and OIP: Office Industrial ?ark land use designations, subject to a Development Permit approval. In all of these above referenced land use designations, churches, fraternal groups and membership organizations, in general, are in conformance with the Municipal Code and goals and objectives of the City's General Plan. The current proposal clusters churches and fraternal groups together under the general tit1e of ~embership organizations and, with the exception of CN, Commercial Neighborhood land use districts where a Conditional Use Permit approval would still be required, wquld permit membership organizations in a wider range of City commercial and industrial land use designations, subject to Development Permit review and approval. Each site specific project review would con~inue to be thoroughly analyzed to ensure full =ompliance with the citY'3 Development Code Standard Requirements as well as any additional project- related Conditions of Approval. ", ~:: .:- \ ;.:;' ~ ~ ~ CITY OF SAN BERNARDINO PLANNING AND BUilDING SERVICES DEPARTMENT CASE nrn q 1 -Of\ 5 ~OBSERVATIONS AGENDA ITEM HEARING DATE 3-3-92 PAGE 3 ..... ~ ....., ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUS The proposed amendment to the city's ~evelopment Code is to expand membership organizations into four (4) additional commercial and indus-:rial land use designations then the eight (8) previously permitted. since the adoption of the Development Code has already addressed any potential impacts of membership groups within t~ese districts and the proposed four additional commerical and industrial land use designations are very similar in the kinds of allowable uses and activities oermitted within these districts then this request would be ex~~pted from additional California Environmental Quality Act (CEQA) reivew, under section 15300.4. Upon submittal of specific proposals, each project will be reviewed to determine whether their particular proposal meets or exceeds the thresholds for CEQA review and/or exemption status. ANALYSIS The city's General Plan Policy Objectives for commercial and industrial land use districts permit a wide range of retail, office, manufacturing, warehousing, and related uses, subject to their proper review and approval processes. Both "employee- intensive", such as offices and "non-intensive", as warehousing and/or light manufacturing activities are allowed as long as these businesses conduct and restrict all their operations to within enclosed structures. Most membership organizations, including churches and fraternal groups are conducive to these types of indoor activities. While many churches in recent years have expanded their roles to include such activities as day-care centers, counseling and other group programs that has resul~ed in a more intense use of church and auxiliary buildings, most other membership organizations typically utilize their structures on a far less frequent basis. In fact, many membership groups meet only during evenings hours when most surrounding commercial and industrial businesses are closed. This minimizes any potential impacts caused by traffic, off-site parking and/or occasional increased noise resulting from their activities to non-significant levels. The proposed expansion of membership organizations into a wider range of commercial and industrial land use districts will still require each project to be subject to a Development and/or Conditional Use Permit Review as well as adhering to all particular Development Code requirements applicable to the respective land use designations in which the membership group seeks to locate. ~ ~ an r:# '!NO --.0 c;f"""'" _SEIMCES PlAN-8.08 PAGE I OF 1 ( 4-90) .',' . .: " ~.-. '. . r ~. CITY OF SAN BERNARDINO-PLANNING AND BUILDING SERVICES' DEPARTMENT CASE DCA 91-06 5 3-3-92 4 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE ~ lll.. ~ ~ As each project specific is reviewed, their particular activities, level of intensity, actual or anticipated membership size, parking requirements as well as potential impacts to surrounding comme~cial, industrial and/or r~sidential properties will be thoroughly reviewed before final approval and/or denial of the proposal occurs. CONC~USION Presently, the city's Municipal Code permits membership organiz- ations within eight (8) commercial and industrial land use. districts, subject to an approved Development Permit Review. Churches, are also now permitted, subject to a Conditional Use-- Permit approval in nine (9) commercial and industrial land use designations, as well as all residential land use districts. Membership organizations are similar to other commercial office type uses with enclosed structure activities, although their membership numbers, hours of operation and, in general, activity levels are often less intense. This current proposal will expand to twelve (12) commercial and industrial land use designations where membership organizations will be permitted, subject to a Conditional Use Permit and/or a Development Permit Review approval. At the project specific level, each proposal and site will be subject to a thorough review of Devel~pme~t Cc~a Standards ~ithin that respec~ive commerical or industrial land use designation. Addi tional Condi tions of Approval may also be required as to parking, landscape screening, noise buffering or other project specific conditions, for example, as to meeting time restrictions if a site'~ pa~icular location warranted such added conditions, or resulted in it's proximity to some adj 0 ining or otherll1ise unique, neighboring commercial or industrial use or activity. There are several, well-established membership organizations located throughout the City of San Bernardino that have operated for years without any notable problems or conflic":.5.ng impacts to adjoininq properties and, as such, have shown to be a compatible use to surrounding community areas. ~ j t;rTY 01' _ ~ c:e___ PlAN-8.Q8 PAGE 1 OF I ( 4-9OJ .. I.. . ~. " :,:.~ r ~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE DCA 91-06 ~ 3-3-92 S ~ OBSERVATIONS AGEN~A ITEM HEARING DATE PAGE ..... .' ':}'.: RECOMMENDATION staff requests that the Planning commission recommend to the Mayor and Common ~ouncil: 1. Approval of proposed Development Code Amendment NO.91-06, subject to ~he attached Findings of Fact (Attachment flAIt). oirector ng Services ~. f2.. Co. .J~ Paul G. Scroggs Assistant Planner Attachments A - Findings of Fact B - Development Code Table - Existing & Proposed CITY t7 -_ ~ ~-""~- PlAN.8.08 PAGE 1 OF 1 (4-90) c" Attachment "A" ~.. ... i/ ...... ( ;.... I! ~ CITY ~F SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT .., CASE nr~ q 1-nt:; FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 3 3-3-32 6 ...... ~ ..., r'. FINDINGS OF FACT DEVELOPMENT CODE ~~~DMENT NO. 91-06 1. The proposed Development Code Amendment is consistent with the goals and intent of the General Plan to establish membership organizations for both social and related purposes in various appropriate commercial and industrial land use districts as . another means of promoting community growth and fostering neighborhood identity. 2. The proposed Development Code Amendment to permit membership orqanizations in a wider range of commercial and industrial land use designations would not be detrimental to the pubic interest, health, safety, convenience, or welfare of the City in that they are similar uses to those permitted already. 3. The proposed permitting of membership organizations to twelve General Plan commer=ial and industrial land use designations, subject to a Development Pe~it and/or Conditional Use Permit approval will maintain an appropriate balance of land uses within these land use districts and not pose a detriment to any .existi~g or other proposed uses and/or activities. ~ ~ (IT'P '7 _ ..--, a""-- __.....cas PLAN.1..D6 ;J AGE 1 OF . ( 4- 'lO) .It - . Ordinance No. . ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 1 19.06.020, TABLE 6.01 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING MEMBERSHIP ORGANIZATIONS, INCLUDING 2 FRATERNAL GROUPS AND CHURCHES, IN A WIDER BAND OF COMMERCIAL AND INDUSTRIAL LAND USE DISTRICTS. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 SECTION 1. Page 11-73. section 19.06.020, TABLE 06.01 6 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES is 7 amended as follows: [See Attachment A, (Page 11-73 of the 8 Development Code), attached hereto and incorporated herein by 9 reference.] 10 Item 86. Membership Organizations, add a "D" under the columns 11 headed CH, IL and CCS-2. 12 SECTION 2. Page 11-74. section 19.06.020, TABLE 06.01 13 COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES is 14 amended as follows: [See Attachment B, (Page 11-74 of the 15 Development Code,) attached hereto and incorporated herein by 16 reference.] 17 Item 866. Religious (Churches, etc.) 18 Change from a "c" to a "D" under the columns CO-1, CO-2, CG-1, CG- Add a "D" under the columns CH, OIP, CCS-1 19 2, CG-3, CR-2 and IL. 20 and CCS-2. Delete the "C" under the CG-4 column. 21 I I I I 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII 1 .. 41 . . 1 ORDINANCE.. .AMENDING SECTION 19.06.020, TABLE 06.01 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) ALLOWING MEMBERSHIP 2 ORGANIZATIONS, INCLUDING FRATERNAL GROUPS AND CHURCHES, IN A WIDER BAND OF COMMERCIAL AND INDUSTRIAL LAND USE DISTRICTS. 3 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting, therefore, held on the day of 6 7 Council Members: , 1992, by the following vote, to wit: NAYS ABSTAIN AYES ABSENT 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 of 19 20 City Clerk The foregoing ordinance is hereby approved this day , 1992. W. R. Holcomb, Mayor City of San Bernardino 21 Approved as to 22 form and legal content: 23 24 JAMES F. PENMAN, City Attorney ,jk ^ 25 By (; '0v~ 9. I~"'-....... 26 27 28 2 At ~ . . ~N 0..... 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Q) Q)E ~E COQ) Ci)> -OQ) Oou Q)-e: -:,coco Q)~e: >Q)~ _e: -Q)- ::::Joe. ~ 'C ~ >< e: >< WCOQ) - CI) e: ..: 0 Q)-= 'C e. ::::J ~Q)= Oue;; U><e: =Q)- ,D-- ::::J ~ co e..." e: .Je.2 Q)CO- UCl)U - Q) cn'Ct:: ::::J e: 0 -,cou N Q) Q) Ue: =0 0- D..t5 ~.s NO N~ Q)e. oa! .....: N'C Ne: Q)CO c o ca~ ~= -8- cD~ u CO e:_ CO Q) ~g .2E :C'C ::::J e: D..CO M Q) e: CO E ::::JCI) =E o E!! ~~ COe. ~ -Q) .!!le e: .E 5 'CCI) <C~ . Q) CI) ~E =co CO ~ _::::JO o CT e e: - e. OCO .- C 0 caQ).5 -=ECI) CI) e: ::::J "200 -~~ e.- 'C>'C <Ce:e: Q)CO ati Q) CI) E oE!! .~ ~ cae. ~ u - .- .!a E .5 0 E e:o "C <C~ cD Q) 'C e: cof!? ~ .CiS -- .C: ca ::::J u- Q) CO Cl)e: o 10= e: CO .2 F~... - I co . .1 Z. - ' '" Q) -; ... Q) 11-74 1/92 Attachment "B"