HomeMy WebLinkAbout13-Community Development ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director Subject: An ordinance of the City of San
Bernardino amending Development Code Chapter
Dept: Community Development 19.14 (Freeway Corridor Overlay District) Sections
19.14.030 to modify landscape and building
Date: June 30, 2011 setback development standards of the Freeway
Corridor Overlay District. DCA 11-07
MCC Date: July 18, 2011
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and the ordinance be laid over for final adoption.
M. Margo Wheeler,AICP
Contact Person: Aron Liang, Senior Planner Phone: 3332
Supporting data attached: Staff Report Ward(s): City-wide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes: �� 3
Q A(f Agenda Item No. 13
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: An ordinance of the City of San Bernardino amending Development Code Chapter
19.14 (Freeway Corridor Overlay District) Section 19.14.030 to modify landscape and building
setback development standards. (Development Code Amendment No. 11-07)
Background: On June 22, 2011, the Planning Commission recommended that the Mayor and
Common Council approve Development Code Amendment (DCA) No. 11-07 to amend
Development Code Chapter 19.14 (Freeway Corridor Overlay District), Section 19.14.030 to
modify landscape and building setback development standards.
Public Hearing Notice:
Notice of the public hearing of this item was published in a 1/8-page advertisement in the San
Bernardino County Sun on July 8, 2011. The proposed ordinance would eliminate generalized
setback and landscape standards from the Freeway Corridor Overlay District, leaving more site
specific landscape and development standards to accomplish screening as needed in the freeway
corridors of the City. The June 22, 2011 Planning Commission staff report (Attachment 1)
contains a detailed analysis of the proposed code amendment.
Staff requests that the Mayor and Common Council approve DCA 11-07 as recommended by the
Planning Commission at their meeting of June 22, 2011. The Planning Commission voted
unanimously in favor of the proposed code amendment. Commissioners Eble, Heasley, Jimenez,
Machen, Mulvihill and Rawls voted in favor of the motion and Commissioners Coute and Durr
were absent.
California Environmental Quality Act(CEQA) Compliance:
Development Code Amendment No. 11-07 is exempt from CEQA, pursuant to Section
15061(b)(3) of the CEQA Guidelines, the general rule that exempts actions with no foreseeable
physical impact on the environment.
Financial Impact:
None.
Recommendation:
That the hearing be closed and that the ordinance be laid over for final adoption.
Attachment 1: Planning Commission Staff Report Dated June 22, 2011
Ordinance
2
ATTACHMENT 1
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 11-07
AGENDA ITEM: 2
HEARING DATE: June 22, 2011
WARD: City-wide
APPLICANT:
Community Development Department
300 North D Street
San Bernardino, CA 92418
REQUEST/LOCATION:
A proposal to amend Section 19.14.030 of the Development Code to modify landscape and
building development standards of the Freeway Corridor Overlay District.
CONSTRAINTS/OVERLAYS:
Freeway Corridor Overlay District
ENVIRONMENTAL FINDINGS:
❑ Not Subject to CEQA
® Exempt from CEQA—Section 15061(b)(3)
❑ No Significant Effects
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
® Recommend Mayor and Council Approval
❑ Conditions
❑ Denial
❑ Continuance to:
DCA No. 11-07
Hearing Date 612212011
Page 2
PROJECT DESCRIPTION
The proposed Development Code Amendment would amend the provisions of the Development
Chapter 19.14, Section 19.14.030 (1) and (2), to modify landscape and building setback
development standards of the Freeway Corridor Overlay District. See Attachment A for details.
SETTING/SITE CHARACTERISTICS
The proposed Development Code Amendment No. 11-07 would amend the Freeway Corridor
Overlay District, which applies to non-residential land use districts for a distance of 500 feet
from the edge of the freeway right-of-way.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
significant direct or reasonably foreseeable indirect physical change in the environment.
BACKGROUND
• June 3, 1991 - The Mayor and Common Council adopted Development Code, Title 19
including Chapter 19.14, Freeway Corridor Overlay District by Ordinance No. MC-789.
ANALYSIS
The subject code amendment involves Chapter 19.14, Freeway Corridor Overlay District.
Sections 19.14.030 (1) and (2) regulate landscape setback and building setback requirements in
the Freeway Corridor Overlay District. Any parcel adjacent to the freeway right-of-way is
subject to a 25-foot landscape setback and a minimum 50-foot building setback requirement. As
an overlay, these requirements are applied in addition to those of the underlying land use district.
The subject landscape setback standard requires dense screening that would block views from
the freeway. That is not compatible with commercial development that benefits from freeway
visibility. Moreover, the current landscape standard is one-size-fits-all. Even if screening is
needed, in some cases, the freeway will be below grade and motorists will not be able to see the
area adjacent to the freeway right-of-way.
Although the subject code amendment would eliminate the 25-foot landscape setback designed
to provide special design guidelines/standards to address the siting and design of non-residential
structures within the immediate viewshed of motorists traveling the Interstate Freeway 10,
Interstate Freeway 215 and Interstate Freeway 210, sufficient landscape screening would still be
required within the Freeway Corridor Overlay District, pursuant to Development Code Chapter
19.28, Landscaping Standards, Section 19.28.040 Screening Requirements. Furthermore, Table
28.01 sets forth the type of screening method required between various uses in order to provide a
mechanism to buffer any potential adverse impacts.
DCA No. 11-07
Hearing Date 612212011
Page 3
Additionally, based on the City's records from January 1998 through January 2010, there have
been approximately seven (7) variances relating to the subject code amendment sections and all
variances have been granted by the City; none were denied. The purpose of the subject code
amendment seeks to reduce potential regulatory constraints and help to streamline processes for
all non-residential land use districts adjacent to the freeway right-of-way. Also, minor text
amendments are proposed in Sections 19.14.030 (3), (4), (5) and (6) (F) as to be consistent with
the subject code amendment.
FINDINGS
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would not affect orderly development
within the Freeway Corridor Overlay District. It would allow development of prominent
commercial developments with visual screening applied where needed. This will allow
maximum visibility for businesses to attract customers, consistent with the following
General Plan goals and policies:
Policy 4.9.1: Monitor and strive to capture an increasing percentage of the day-to-day
regional shopping needs of the resident population.
Policy 4.9.2: Proactively attract and provide incentives to developers and tenants that
draw retail sales from the broader region.
Policy 5.2.9: "Along major corridors, continue to pay special attention to design features
that include screening, berms, fencing, and landscaping for outdoor storage and handling
areas."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed code amendment will allow Chapter 19.14 to be modified to reduce
regulatory constraints in the freeway corridors. The proposed code amendment would not
diminish development standards of the underlying land use districts as well as other
sections of the code requiring landscaping and screening. Therefore, the proposed
Development Code Amendment serves the public interest and would not be detrimental
to public health, safety, convenience or general welfare.
CONCLUSION
The proposed Development Code Amendment is consistent with the General Plan and would
serve the public interest, as supported by the Findings of Fact for approval.
DCA No. 11-07
Hearing Date 612212011
Page 4
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-07 to the Mayor and Common Council, based on the Findings of Fact
contained in this staff report.
Respectfully itted,
N
Aron Liang f
Senior Planner
Approved for Distribution:
i
a' g r o eeler
Director, ACIP
Attachment A: Development Code Section 19.14.030 with proposed amendment
ATTACHMENT A
CHAPTER 19.14
FREEWAY CORRIDOR OVERLAY DISTRICT
Development Code Amendment No. 11-07 will modify development standards of the
Freeway Corridor Overlay District, as follows:
19.14.30 DEVELOPMENT STANDARDS
The following development standards shall apply:
1. LANDSCAPE SETBACK BUFFER
A 25 foot landseape setbaek buffer- its -1
> iffl,
24" "Cifeen rr fer-ever-y 30 feet of adjaeent lot line. The trees mA be elustereE�.
2. BUILDING SETBACK
A ffliiiifflum building sethaek ef 50 feet ffem the ffeeway right ef way line will be
3:1. SERVICE,LOADING,AND EQUIPMENT STORAGE AREA&SCREENING
Service areas including storage, special equipment, maintenance, and loading areas shall
be screened with landscaping and architectural elements. The purpose is to hide those FC
areas from the freeways. Loading docks and service areas shall be located on interior
side yards and concealed from public "freeway" view(side yard opposite the direction of
traffic).
Utility equipment and communication devices located on the grounds shall be screened
so that the site will appear free of all such devices. Utility lines for water, gas, sewage,
electrical, and communication shall be installed underground.
Refuse collection areas are to be visually screened with a solid perimeter wall using
materials and colors compatible with those of the adjacent structures. Refuse collection
areas are to be located on an interior building side yard and shall be roofed if the contents
of the area are visible from any freeway.
Service, storage, and maintenance areas shall be constructed and maintained according to
the following standards:
A. No materials, supplies or equipment, including trucks or other motor vehicles, are to
be stored on-site except inside an enclosed structure or behind architectural screening, to
prevent visibility from the freeway. The storage of vehicles for sale is exempt from this
requirement.
B. All storage areas shall be screened by walls and shall be located on the side or rear
portions of structures.
C. Architectural screening shall be constructed of the same materials and finishes
compatible with the adjacent structure, and shall be designed and placed to complement
the building design.
D. No service, storage, maintenance, or loading area may extend into a landscape setback
buffer area
4. 2.BUILDING FACADE
Desirable:
A. Facades should be designed to convey a sense of order through the interplay of light,
shadow and texture. Facade articulation should reinforce a sense of quality and integrity.
B. A sophisticated refinement of the building proportions and fenestration details should
be carefully conceived to achieve desired goals.
C. Facades shall reflect the quality and the sense of order of the underlying structure in a
clear and consistent manner. Window panels (if used) and spandrels shall be
differentiated and the percentage of window glass to non-glass area should be a minimum
of 25% (window) and 25% (wall)in retail uses.
D. Recessed or articulated wall surfaces, columns and beams will help to visually
segment an otherwise massive exterior wall surface.
Undesirable:
A. No boxy and monotonous facades which lack a sense of scale shall be permitted.
B. No weak or token expressions of structure or an inconsistent statement of structure
shall be permitted.
C. No arbitrary, decorative, or stylized architectural treatments shall be permitted.
D. No large amounts (more than 70% of wall surface) of reflective glass shall be
permitted.
3. MECHANICAL EQUIPMENT
Roof-mounted mechanical equipment shall be screened on all sides. Any devices located
on the structure shall be properly screened to minimize visual impact. The color of
these devices will be the same as shall match the building color.
Structures shall appear free of all utility and communication devices. Satellite dishes and
antennas shall be ground mounted unless technically infeasible, and shall be located and
treated in a manner that reduces visibility from freeways. All installation locations shall
be noted on the site plans.
6-. 4. FREEWAY SIGNS
A. Freeway signs are limited to identifying the complex, major anchor tenant, structure,
or company occupying the site, or a qualifying offsite business, pursuant to Section
19.22.080(4) of this Development Code. MC 929 12/19/94
B. Freeway signs are permitted on parcels with more than 100 feet of freeway or street
frontage in addition to other signs allowed.
C. Freeway signs shall be perpendicular to the freeway. Location shall be approximately
midway between side property lines.
D. Projects over 5 acres in size with more than 1,000 feet of freeway frontage may be
permitted 2 freeway adjacent signs at the discretion of the Commission. These signs shall
not be placed closer than 600 feet to each other. All other regulations shall apply.
E. Buildings, such as hotels and restaurants, fronting the freeway are entitled to have a
freeway sign and a building sign visible from the freeway.
F. Any tree in the landseaped btiff r that is removed to accommodate the installation of
any sign shall be replaced with a minimum 48 inch box tree. MC 1057 9/7/99
5. PROHIBITED STRUCTURES
Structures with open, exposed craneways are prohibited.
ORDINANCE NO.
C (OPY
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.14
(FREEWAY CORRIDOR OVERLAY DISTRICT), SECTIONS 19.14.030 OF THE SAN
4 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO LANDSCAPE
5 AND BUILDING SETBACK DEVELOPMENT STANDARDS.
6 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
WHEREAS, the Mayor and Common Council adopted the current Development Code, Title 19
8
of the Municipal Code by Ordinance MC-789 on June 3, 1991; and
9
WHEREAS, on June 22, 2011, the Planning Commission of the City of San Bernardino held a
10
noticed public hearing to consider public testimony and a staff report recommending the proposed
I
ordinance as an amendment to the City Development Code, and recommended that the Mayor and
12
Common Council adopt the ordinance as proposed; and
13
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
14
the proposed Ordinance was published in The Sun newspaper on July 8, 2011;
15
16 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
17 BERNARDINO DO ORDAIN AS FOLLOWS:
18
SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
19
hereby adopts and incorporates them herein.
20
SECTION 2. Findings of Fact.
21
22 A. The proposed Development Code Amendment will not affect orderly development within
23
the Freeway Corridor Overlay District. It would allow development of prominent commercial
developments with visual screening applied where needed. This will allow maximum visibility for
24
25 businesses to attract customers, consistent with the following General Plan goals and policies:
26 Polices"Monitor and strive to capture an increasing percentage of the day-to-day
27 regional shopping needs of the resident population."
28
1
I Polio"Proactively attract and provide incentives to developers and tenants that
2 draw retail sales from the broader region."
3 Policy 5.2.9: "Along major corridors, continue to pay special attention to design features
4 that include screening, berms, fencing, and landscaping for outdoor storage and handling areas."
5 B. The proposed Code amendment will reduce regulatory constraints in the freeway
6 corridors and will not diminish development standards of the underlying land use districts as well as
7 other sections of the Code requiring landscaping and screening. Therefore, the proposed Development
8 Code Amendment serves the public interest and would not be detrimental to public health, safety,
9 convenience or general welfare.
10 SECTION 3. San Bernardino Municipal Code (Development Code) Sections 19.14.030 is
I I hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference.
12
SECTION 4. Compliance with the California Environmental Quality Act:
13
The Mayor and Common Council finds that the proposed amendment to Sections 19.14.030 of
14 the Development Code is exempt from the California Environmental Quality Act(CEQA)pursuant to
15 Section 15061(b)(3) of the CEQA Guidelines, the general rule that activities that will not result in a
16 direct or reasonably foreseeable indirect physical change in the environment are exempt from
17 environmental review.
18
SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause or phrase in
19
this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by
20 any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
21 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
22 declares that it would have adopted each section irrespective of the fact that any one or more
23 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
24 ineffective.
25 1H
26
27
zg
2
I AN ORDINANCE OF THE CITY OF SAN BERNA
2 (FREEWAY CORRIDOR OVERLAY DISTRICT), SECTION 19.14.030 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO LANDSCAPE
3 AND BUILDING SETBACK DEVELOPMENT STANDARDS.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a meeting thereof,held on the day
8 of , 2011,by the following vote to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
MARQUEZ
11
VACANT
12
13 BRINKER
14 SHORETT
15 KELLEY
16
JOHNSON
17
MC CAMMACK
18
19
20
Rachel Clark, City Clerk
21
22 The foregoing Ordinance is hereby approved this day of ,2011.
23
24
PATRICK J. MORRIS, Mayor
1 2s Approved as to form: City of San Bernardino
26
JAMES F. PENMAN
27 City Attorney
2s
3
EXHIBIT A
CHAPTER 19.14
FREEWAY CORRIDOR OVERLAY DISTRICT
19.14.030 DEVELOPMENT STANDARDS
The following development standards shall apply:
i. LANDSCAPE SET-BACK BUFFER
A 25 feet landseape setbaek buffef is required along all ffe&,A,ay fFentage whether- the
24" box "Green-Gem" or-every 30 feet of adjacent lot line—The trees May h® sltt,;tewed-
2. BUILDING SETBACK
A minimum building seth—aek A4 50 feet f omr he fFeeway cigars-of,,A,ay line will be
3A. SERVICE, LOADING, AND EQUIPMENT STORAGE AREAS-SCREENING
Service areas including storage, special equipment, maintenance, and loading areas shall
be screened with landscaping and architectural elements. The purpose is to hide those
areas from the freeways. Loading docks and service areas shall be located on interior
side yards and concealed from public "freeway" view (side yard opposite the direction of
traffic).
Utility equipment and communication devices located on the grounds shall be screened
so that the site will appear free of all such devices. Utility lines for water, gas, sewage,
electrical, and communication shall be installed underground.
Refuse collection areas are to be visually screened with a solid perimeter wall using
materials and colors compatible with those of the adjacent structures. Refuse collection
areas are to be located on an interior building side yard and shall be roofed if the contents
of the area are visible from any freeway.
Service, storage, and maintenance areas shall be constructed and maintained according to
the following standards:
A. No materials, supplies or equipment, including trucks or other motor vehicles, are to
be stored on-site except inside an enclosed structure or behind architectural screening, to
prevent visibility from the freeway. The storage of vehicles for sale is exempt from this
requirement.
i
1
B. All storage areas shall be screened by walls and shall be located on the side or rear
portions of structures.
C. Architectural screening shall be constructed of the same materials and finishes
compatible with the adjacent structure, and shall be designed and placed to complement
the building design.
1
D. No service, storage, maintenance, or loading area may extend into a landscape setback
buffer area
4. 2. BUILDING FACADE
Desirable:
A. Facades should be designed to convey a sense of order through the interplay of light,
shadow and texture. Facade articulation should reinforce a sense of quality and integrity.
B. A sophisticated refinement of the building proportions and fenestration details should
be carefully conceived to achieve desired goals.
C. Facades shall reflect the quality and the sense of order of the underlying structure in a
clear and consistent manner. Window panels (if used) and spandrels shall be
differentiated and the percentage of window glass to non-glass area should be a minimum
of 25% (window) and 25% (wall) in retail uses.
h
D. Recessed or articulated wall surfaces, columns and beams will help to visually
segment an otherwise massive exterior wall surface.
Undesirable:
A. No boxy and monotonous facades which lack a sense of scale shall be permitted.
B. No weak or token expressions of structure or an inconsistent statement of structure
shall be permitted.
fi
C. No arbitrary, decorative, or stylized architectural treatments shall be permitted.
D. No large amounts (more than 70% of wall surface) of reflective glass shall be
permitted.
3. MECHANICAL EQUIPMENT
Roof-mounted mechanical equipment shall be screened on all sides. Any devices located
on the structure w444-shall be properly screened to minimize visual impact. The color of
3
these devices will be the same as shall match the building color.
i
Structures shall appear free of all utility and communication devices. Satellite dishes and
antennas shall be ground mounted unless technically infeasible, and shall be located and
treated in a manner that reduces visibility from freeways. All installation locations shall
be noted on the site plans.
4. FREEWAY SIGNS
A. Freeway signs are limited to identifying the complex, major anchor tenant, structure,
or company occupying the site, or a qualifying offsite business, pursuant to Section
19.22.080(4)of this Development Code. MC 929 12/19/94
B. Freeway signs are permitted on parcels with more than 100 feet of freeway or street
frontage in addition to other signs allowed.
C. Freeway signs shall be perpendicular to the freeway. Location shall be approximately
midway between side property lines.
D. Projects over 5 acres in size with more than 1,000 feet of freeway frontage may be
permitted 2 freeway adjacent signs at the discretion of the Commission. These signs shall
not be placed closer than 600 feet to each other. All other regulations shall apply.
E. Buildings, such as hotels and restaurants, fronting the freeway are entitled to have a
freeway sign and a building sign visible from the freeway.
F. Any tree in the landseapedJauffef that is removed to accommodate the installation of
any sign shall be replaced with a minimum 48 inch box tree. MC 1057 9/7/99
5. PROHIBITED STRUCTURES
Structures with open, exposed craneways are prohibited.
i
4