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CI"'V OF SAN BERNARD....O - REQUI!!.$T FOR COUNCIL ACT,ION
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Dept:
Planning
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Amendment to Text No. 87-2 -
Section 19.44.020.1 - "0" Open
District
Mayor and Council Meeting of
November 2, 1987, 2:00 p.m.
From:
R. Ann Siracusa
Director of Planninc:p, [C'O. _ ADMIN. o~ject:
Date:
October 21, 1987
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Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on October 21, 1987, the
following recommendation was made:
The amendment to the San Bernardino Municipal Code, Section 19.44 -
"0" Open District, to allow permanent structures within City parks
zoned "0" Open Space, was recommended for approval. The Negative
Declaration for environmental impact was also recommended for
approval.
Vote: 7-1, 1 abstention
Recommended motion:
waiver first reading, and put over for adoption of Amendment to Text
87-2 amending Section 19.44 "0" Open District to allow permanent
structures ,~ithin City parks by Conditional Use Permit.
K~~kt3:-
Signature R. Ann Siracusa
Contact person:
Supporting data attached: Staff Report
R. Ann Siracusa
Phone:
384-5357
Ward:
City-wide
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnanca:
Council Notes:
n.02U
Agenda Item No,
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CITY OF SAN BERNARDI'IO - REQU~$T FOR COUNCIL ACTION
STAFF REPORT
Subject: Amendment to Text No. 87-2
San Bernardino Mun. Code 19.44 - "0" Open Space
Mayor and Council Meeting of November 2, 1987
Request
This Amendment to Text request (AT
19.60.240 of the San Bernardino
permanent structures in park sites
zone.
87-2) is to modify Section
Municipal Code to permit
within the "0" Open Space
Presently the code does not
within the "0" Open Space zone.
would permit permanent structures
conditional use permit.
permit permanent structures
The modification proposed
within the zone subject to
Amendment of the zoning code requires action by the City
Council. The proposed text amendment is shown in Attachment
"A" and has been modified since the October 20, 1987 Planning
Commission meeting to require a Conditional Use Permit for
permanent structures in the "0" Open Space zone.
Backqround
This proposed amendment to the Zoning Ordinance was initiated
by the Planning Department following the initiation of a
Public Works project for a senior center at perris Hill Park.
The present day code does not permit permanent structures in
"0" space zones.
On September
recommended a
requirement of
10, 1987, the Environmental Review
Negative Declaration contingent
a Conditional Use Permit.
Committee
upon the
On October 20, 1987. the Planning Commission conducted a
public hearing on the proposed text change and voted 7-1
(with one abstension) to recommend approval of the change.
~Y!K~nt Municipal Code Requirements
Currently
and lists
indicated
require a
Section 19.44 applies to
permitted uses. The uses
on Attachment "A". Those
Conditional Use Permit.
the "0" Open Space zone
which are permitted are
uses which are temporary
2
75-0264
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Subject: Amendment to Text No. 87-2
San Bernardino Mun. Code 19.44 - nOn Open Space
Mayor & Council Meeting of 11-2-87
The proposed amendment will allow permanent structures
subject to the approval of a Conditional Use Permit.
potenti~L !'1odHj.~j.~!:j.9!l1L !:9_Te~!:_ J..~llilll~9!'!
There are few modifications to the proposed language in
Attachment nAn which the council can consider.
The Council may wish to consider modifying the ordinance so
as to stipulate that the permanent sllDcture is only valid in
the perris Hill Park, or the Council may change the zoning to
that which would permit permanent structures. However, a
major modification to that which is already recommended for
approval will require further environmental review by the
Environmental Review Committee.
MflY9LE!llL~oupc::j.l Options
The Mayor and Common Council have the option to:
1. Waive the first reading, and put over for adoption of
Amendment to Text 87-2 amending Section 19.44 non Open
District to allow permanent structures within City parks
by Conditional Use Permit without modification.
2. Approve Amendment to Text No. 87-2 with modifications
and direct the City Attorney to prepare the ordinance
for first reading.
3. Deny the proposed Amendment to Text No. 87-2.
The Municipal Code does not require that Findings of Fact be
made for adoption of a change to the code.
Staf!_Re~9~~!'!!l9fl!:j.Q!l
Waive first reading, and put over for
to Text 87-2 amending Section 19.44
allow permanent structures within City
Use Permit.
adoption of Amendment
nOn Open District to
parks by Conditional
Pursuant to the analysis in the staff report to the Planning
Commission dated October 20, 1987 staff recommends approval
of Amendment to Text No. 87-2 as shown in Attachment nAn.
Planninq Commission Recommendation
The Planning Commission recommends approval of Amendment to
Text No. 87-2 on a vote of 7-1-1 (abstain). (See Attachment
3
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Subject: Amendment to Text No. 87-2
San Bernardino Mun. Code 19.44 - '0' Open Space
Mayor & Council Meeting of 11-2-87
'C', an excerpt from the unapproved minutes of the October
20,1987 Planning Commission meeting).
Prepared by:
Edward L. Gundy, Senior Planner
Attachments:
Attachment A - Proposed Text Amendment
Attachment B - Planning Commission Staff
Report
Attachment C - Excerpt for October 20, 1987
Planning Commission minutes
(unapproved)
csj
10/26/87
DOCUMENT:MISCELLANEOUS
COUNCILSTAFFRPT
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION
"I" TO SECTION 19.44.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 ALLOW PERMANENT STRUCTURES WITHIN CITY PARKS ZONED OPEN SPACE.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Section 19.44.020 Subsection "I" is added to
7 the San Bernardino Municipal Code, and reads as follows:
8 "I. Permanent Structures which are related to park and
9 recreational activities and require additional parking spaces
10 (except for rest rooms, concession stands, etc.) subject to a
11 Conditional Use Permit."
12 I HEREBY CERTIFY that the foregoing ordinance was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
15 on the day of
16 vote, to wit:
17 AYES: Council Members
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19 NAYS:
20 ABSENT:
meeting thereof, held
, 1987, by the following
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22 City Clerk
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10/22/87
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The foregoing resolution is hereby approved this day
, 1987.
Mayor of the City of San Bernardino
Approved as to form
6 and legal content:
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Cit ttorney
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10/21../87 2
~ITY OF SAN BEJC)jARDINOC)- MEMORANDU:J
Date
PLANNING DEPARTMENT
OCTOBER 20, 1987
To PLANNING COMMISSION
Subject AMENDMENT TO SECTION 19.44,0201
of SB~1C Amendment to Text 87-2
From
Approved
Agenda Item No.5
Date
Applicant:
City of San Bernardino
PROPQSED_~MEND!lENT
The proposal is to amend Section 19.44.0201 of the San
Bernardino Municipal Code to allow permanent structures
within City Parks zoned Open Space.
MUNICIPAL CODE
Presently Section 19.44.020 permits the following uses:
A. Agricultural uses provided that no dwellings either
temporary or permanent be permitted in relations thereto;
B. Flood control channels, spreading grounds, settling
basins, freeway, parkways, park drives;
C. Park, playgrounds, wildlife preserves;
D. Such other uses as the commission determines to be
similar to the above;
E. Public and semipublic agricultural and citrus exhibition
grounds and related commercial uses normally associated with
such use, including restaurants, amusement areas and stadia;
use shall not be subject to Sections 19.44.030, 19.44.050,
19.060, and 19.44.130.
F. Automobile parking subject to a Conditional Use Permit.
Parking facility shall be developed in accordance with
regulations in Section 19.56.010.
G. Open-air market subject to
which shall include provisions
areas and landscaping.
a Conditional Use Permit,
for permanent paved parking
H. Temporary outdoor trade shows, sporting and entertainment
events, subject to approval of Review of Plans by the
Planning Commission, and provided no such show or event shall
exceed ten days. Regularly scheduled outdoor events shall
require a Conditional Use Permit, which shall include
provisions for permanent paved parking areas and landscaping.
C'FY ON FH.~l)V~
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AMENDMENT TO SECTION 19.44.0201
OCTOBER 20, 1987 Planning Commission Meeting
Page
As evident within subsection G and H temporary uses and
structures are permitted following the approval of a Condi-
tional Use Permit. The proposed amendment is for a permanent
structure to be permitted within city parks likewise through
the Conditional Use Permit.
The proposed text amendment will read:
19.44.020 I
Permanent structUres
recreational activities
spaces (except for rest
subject to a Conditional
which are related to park and
and require additional parking
rooms, concession stands, etc.)
Use Permit.
ANALXSI.Q.
Permanent structures (which may include gymnasiums, YMCA,
YWCA, public swimming pools, recreational complexes for the
youth and elderly) would be pertinent use to be placed into
existing park settings. It would encourage more use of the
parks that are provided for the citizens of San Bernardino.
However, with the encouragement of the uses because of the
introduction of the permanent structure potential impact may
take place to the park and the surrounding vicinity
especially so if the vicinity is of a residential nature.
In as much as the San Bernardino Municipal Code requires a
Conditional Use Permit for temporary uses and structures to
be placed in the Open Space Zone, accordingly any permanent
structures should be reviewed in the same manner. Through
the Conditional Use Permit assurances can be made that the
proposed structure would be put into a public forum at the
Planning Commission to hear testimony both positive and
negative of any future proposals would be placed on an
Environmental Review Committee for review under California
Environmental Quality Act. Such impacts which may be
reviewed by the public and the CEQA process would be removal
of passive or active recreational areas, or the provision of
a parking area or how the projected vehicular traffic may
effect the surrounding residential neighborhood.
ENVIB9!'t1~!''J'[\k ~gl\M!'J~~
At; their regularly scheduled meeting of September 10. 1987
the Environmental Review Committee recommended a negative
declaration contingent upon the requirement of a Conditional
Use Permit.
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AMENDMENT TO SECTION 19.44.0201
OCTOBER 20, 1987 Planning Commission Meeting
Page
REC01:!~~!#2l\.nQ~
Staff recommends adoption of a negative declaration and
approval of an ordinance amendment to 19.44.020 of the San
Bernardino Municipal Code.
Respectfully submitted,
R. Ann.Siracusa
Di r4!lctor,.~ Plann.ing
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~i<G-_:y
Senior PI nner