HomeMy WebLinkAboutMC-1370
Adopted: January 23. 2012
Effective: February 22, 2012
2 ORDINANCE NO. HC-1370
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF
PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE
EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3,000
SQUARE FEET OR LESS AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE NUMBER
OF SCREENS IN ANY THEATER COMPLEX
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The Mayor and Common Council of the City of San Bernardino do ordain as follows:
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WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the
power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the
restrictions and limitations provided in the Charter or by State law; and
WHEREAS, on June 1,2009, the Mayor and Common Council adopted Resolution No. 2009143
to formally accept and endorse the Downtown Core Vision! Action Plan as a working document to guide
future development and revitalization of Downtown San Bernardino; and
WHEREAS, by Resolution No. 2009-143, the Mayor and Common Council also directed staff to
proceed with implementation of the Downtown Core Vision!Action Plan; and
WHEREAS, one of the key initiatives of the Downtown Core Vision! Action Plan is creation of
an entertainment district anchored by the California Theater and the downtown cinema; and
WHEREAS, on July 5, 2011, the Mayor and Common Council amended the Development Code
pursuant to MC 1356 to permit movie theaters of four or more screens subject to a conditional use
permit in the Main Street Overlay District in Downtown San Bernardino; and
WHEREAS, MC 1356 was determined to be more restrictive than necessary to achieve the goal
of such an entertainment district; and
WHEREAS, on November 11, 2011, the application for this amendment was submitted, which
amendment was approved by the Planning Commission on December 14,2011; and
WHEREAS, this amendment of Table 06.01 of the Development Code instead will allow new
theaters, no otherwise exempted by a prior development agreement, with a theater auditorium size of
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KC-1370
3000 square feet or less and 200 or fewer seats, with no limit on the number of screens in any theater
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 19.06, Commercial Districts, Table 06.01, List of Permitted Uses, is
amended as shown in Attachment 1 attached hereto and incorporated herein by reference.
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SECTION 2. Findings of Fact:
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A. The Ordinance amending the Development Code is consistent with the General Plan of
the City of San Bernardino. The Ordinance will amend the Development Code to continue to provide for
an entertainment district in the downtown Main Street Overlay District, while allowing other, smaller
theaters (or those exempted by an existing development agreement) throughout the City, to enhance
activity levels downtown, consistent with the following General Plan goals and policies
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Goal 4.14: "Enhance, maintain, and develop recreational, cultural, entertainment, and
educational facilities within the City."
Policy 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g. theaters and
restaurants). "
Policy 4.14.3: "Attract uses that complement and intensify the Convention Center in downtown
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San Bernardino, including expanding convention facilities, hotels, restaurants, theaters and similar
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uses."
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Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill
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of new development and revitalization of existing development".
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Policy 2.1.3: "Encourage future development to provide public spaces that foster social
interaction. "
B. The Ordinance amending the Development Code will not be detrimental to the public
interest, health, safety, convenience or welfare of the City, because it will continue to promote
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MC-1370
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revitalization and economic development around existing theaters in the downtown area , within the
Main Street Overlay District defmed in Chapter 19.19 of the Development Code, while specifically
allowing exempted or new, smaller theaters throughout the remainder of the City. . Therefore, the
Ordinance amending the Development Code serves the public interest and convenience and would not
be detrimental to public health, safety or general welfare.
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SECTION 3. California Environmental Quality Act: The Mayor and Common Council finds that
this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not result in a
direct or reasonably foreseeable indirect physical change in the environment.
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SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the
accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
and Section 40(z) of the Charter of the City of San Bernardino.
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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ineffective.
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KC-1370
AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
2 AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF
PERMITTED USES, IN CHAPTER 19.06'OF THE SAN BERNARDINO MUNICIPAL CODE
3 (DEVELOPMENT CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE
EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3,000
4 SQUARE FEET OR LESS AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE NUMBER
5 OF SCREENS IN ANY THEATER COMPLEX
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a jt. reg. meeting thereof, held on the 23rdday
.a...dJ... /;;. ~
Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this ~day of Januarv ,2012.
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8 of Januarv
9 Council Members:
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MARQUEZ
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JENKINS
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13 BRINKER
14 SHORETT
15 KELLEY
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JOHNSON
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18 MC CAMMACK
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Approved as to form:
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JAMES F. PENMAN
27 City Attorney
, 2012, by the following vote to wit:
AYES
NAYS
ABSTAIN
ABSENT
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MC-1370
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ATTACHMENT 1
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Memo for the record
From:
January 25, 2012 1.1 ._ Jv
Rachel G. Clark, City CI~c)J""
Ordinance No. MC-1370
Date
Re:
The above-referenced Ordinance titled "AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF PERMITTED USES, IN
CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO PERMIT NEW
MOVIE THEATERS NOT OTHERWISE EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN
AUDITORIUM OF 3,000 SQUARE FEET OR LESS AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE
NUMBER OF SCREENS IN ANY THEATER COMPLEX" (including Attachment 1) was approved on a 6-0 vote
(one council member absent) at the January 23, 2012 meeting of the Mayor and Common Council.
City Attorney Penman did not sign "approved as to form;" however, he wrote the following statement:
"Decline to sign. Please see January 9, 2012 memorandum from Senior Deputy City Attorney Henry
Empeno to the City Council and Mayor (copy attached) H.P." The memorandum referenced by Mr.
Penman is not part of the official record reflecting action taken on January 23, 2012 to approve
Ordinance No. MC-1370; however, the memorandum he refers to is part of the official record for the
January 9, 2012 meeting of the Mayor and Council and can be retrieved through the official records
located in the Office of the City Clerk.